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23d Congress.]

No. 524.

[1st Session.

RULES AND REGULATIONS FOR THE GOVERNMENT OF THE NAVY, PREPARED BY A BOARD OF OFFICERS OF THE NAVY, AND SUBMITTED FOR THE SANCTION OF CONGRESS.

COMMUNICATED TO THE HOUSE OF REPRESENTATIVES DECEMBER 23, 1833.

Washington, December 23, 1833.

To the House of Representatives:

The rules and regulations herewith submitted have been prepared by a board of officers, in conformity with an act passed May 19, 1832.

They are approved by me, and, in pursuance of the provisions of said act, are now communicated to the House of Representatives, for the purpose of obtaining to them the sanction of Congress.

ANDREW JACKSON.

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Navy Department, December 21, 1833.

Sir: I again submit to your consideration the rules and regulations prepared by the board of revision, and reported to me last November with the documents annexed, 1, A to D.

In conformity with your suggestions, they have been further examined by the board, and, after making such amendments as appeared useful, the board now present them, through this Department, for your final approbation.

I am, sir, very respectfully, LEVI WOODBURY.

To the President of the United States.

No. 1.

Washington, November 9, 1833.

Sir:

The board convened under your order, in pursuance of the act of Congress entitled "An act authorizing the revision and extension of the rules and regulations of the naval service," have the honor to report their proceedings to the present date.

The board first met on the 2d November, 1832, and, on referring to the law under which they were convened, and which prescribed their duties, different opinions were entertained by the members in relation to the extent of the duties imposed upon them by the act; and the subjects were finally referred to the Attorney General for his legal opinion, in two letters, copies of which are enclosed, marked A, as is a copy of his answer, marked B.

Upon the receipt of this opinion, the board decided to examine the present law for the better government of the navy, and such others as related to persons employed in it, as well as the rules and regulations adopted in 1817, and to recommend such alterations, modifications, or additions, as in their opinion the public interests required.

They proceeded accordingly, and transmitted, for the examination of the late Attorney General, the revised rules and regulations for the government of the navy, with the exception of the chapters relating to yeomen and pensions, which were subsequently adopted. These regulations were returned by the Attorney General with some marginal remarks; they were subsequently revised, and modified, in some instances, at the suggestion of members of the board, and, in others, upon the remarks of the Attorney General.

The majority of the board having agreed to all the articles in the rules and regulations for the navy, they enclose them herewith, marked C. Forms, which it is proposed to annex, for the purpose of securing uniformity in the reports, will be presented hereafter.

The board beg leave, however, to state that the articles numbered 281 and 283, in the chapter for pursers, are predicated on the assumption that the pay of those officers may be changed from its present form. If those officers continue to be paid as at present, the board would recommend the two articles which are enclosed on a separate paper, marked D, and having the same numbers, to be adopted as substitutes for those in the book.

The board have also completed their examination of the laws which relate to the government of the navy, or to persons employed in it, and of those to which their attention has been specially directed by you; but as those which had been transmitted to the late Attorney General were not returned by him before his resignation of that office, and the present Attorney General not having entered upon the duties of his office, they propose to retain them for his revision, unless you should deem it advisable to transmit them sooner, in which case they can be sent immediately.

I have the honor to be, very respectfully, sir, your most obedient servant,

JOHN RODGERS.

To the Hon. Levi Woodbury, Secretary of the Navy.

A.

The board of revision to the Attorney General of the United States.

Washington, March 8, 1833.

Sir:

The board for revising the regulations of the navy being of opinion that, in the association of marines with the navy, the harmony and efficiency of the naval service and the public interests urgently require that all marines, when employed in navy yards, should be subject to the laws and regulations of the navy, in the same manner as when employed at sea, respectfully ask your opinion whether an article to that effect can, with propriety, be introduced in the revised system of regulations upon which they are now engaged.

I have the honor to be, with great respect, sir, your most obedient servant,

JOHN RODGERS.

Same to same.

Washington, March 19, 1833.

Sir:

The board appointed under the act of Congress entitled "An act authorizing the revision and extension of the rules and regulations of the naval service," approved 19th May, 1832, request your opinion whether, under that law, they have the power to revise the act for the better government of the navy of the United States, passed 23d April, 1800.

I have the honor to be, with great respect, sir, your most obedient servant,

JOHN RODGERS.

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B.

The Attorney General of the United States to the board of revision, &c.

Attorney General's Office, March 20, 1833.

Sir:

In reply to your note of yesterday, I have the honor to state that the revision of the law of April 23, 1800, appears to me to have been one of the main objects for which your board was constituted. The design of the act of May 19, 1832, is to obtain a complete system of rules and regulations for the government of the naval service, and you have the power to alter, omit, or modify any of the provisions now existing on that subject. Your acts are not binding until approved by the President, and sanctioned by Congress; and the code you are engaged in preparing is in the nature of a bill, to be submitted to Congress, and upon which they are hereafter to legislate.

The principles above stated are also an answer to the question proposed to me in your letter of the 8th instant. If, in your judgment, the interests of the service would be promoted by subjecting marines, when they are employed in the navy yards, to the laws and regulations of the navy, in the same manner as when they are employed at sea, it is clearly within your power to introduce a provision to that effect in the system of rules and regulations upon which you are now employed. I have the honor to be, very respectfully, your obedient servant,

R. B. TANEY.

C.

Regulations for the navy of the United States.

CHAPTER I.—RANK AND COMMAND.

Article 1. Sea officers of the navy of the United States shall take rank in the following order, viz:

COMMISSION OFFICERS.

1

Admirals,

flag officers when authorized by law.

2

Vice admirals,

3

Rear admirals,

4

Captains.

5

Commanders, heretofore called masters commandant.

6

Lieutenants.

WARRANT OFFICERS.

1

Masters, heretofore called sailingmasters.

8

Second masters.

9

Passed midshipmen.

10

Masters' mates, if warranted as such.

11

Boatswains.

12

Gunners.

13

Midshipmen.

14

Carpenters.

15

sailmakers.

Article 2. The above-named commission officers shall take precedence and command in their respective ranks, according to the priority of the date of their commission; passed midshipmen and second masters according to the number or date of their certificates of examination, or of their warrants as such; and the other warrant officers according to their date, except when art officer shall be appointed to act temporarily in some superior rank, in which case he shall, while so acting, have precedence and command over all officers attached to the same ship, post, or station, of a rank inferior to that in which he may be acting. Should officers of the same rank have commissions, certificates, or warrants, bearing the same date, they will be numbered, and the lowest number will designate the officer entitled to precedence and command.

Article 3. No officer of any rank below that of a second master shall be entitled to exercise any authority or command over any other officer of the same or of inferior rank, excepting when employed on detached service, where there is no superior officer present, or when he shall have succeeded to the command of a vessel or navy yard by the death or absence of all superior officers, or when he shall have charge of a watch, or when it shall be necessary for the suppression of any riot, quarrel, or other manifest impropriety of conduct, or when duly appointed to act in some higher grade.

Article 4. When under the laws and regulations for the government of the navy, and on duty with navy officers, all officers of the marine corps, and the following civil officers of the navy, viz., surgeons, pursers, chaplains, assistant surgeons, secretaries, schoolmasters, and clerks, shall have assimilated rank with the sea officers of the navy, as follows, viz:

Lieutenant-colonel of marines, next after captains of the navy.

Major of marines, next after commanders of the navy.

Captains of marines, surgeons, pursers, chaplains, and secretaries, next after lieutenants of the navy.

First lieutenants of marines, and passed assistant surgeons, next after masters.

 Second lieutenants of marines, assistant surgeons, and schoolmasters, with passed midshipmen; and clerks with midshipmen.

No marine or civil officer shall, in consequence of any assimilated rank, exercise command over any sea officer, except as provided in article 5; but the civil officers of the navy, and the marine officers who shall be attached to any vessel of the navy, or to any navy yard, station, or other service which shall be commanded by a sea officer, shall be under the command of such commanding sea officer, and of any

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other sea officer who may succeed to such command, or of the officer of the watch for the time being, whatever may be his rank.

Article 5. When any military operation shall be ordered to be exercised on shore, and the control of the same shall be assigned to a marine officer, the sea officers who may be ordered to aid in such operations, being of inferior rank to him, shall obey his orders.

Article 6. Marine officers and civil officers shall not have any authority, or exercise any control over each other while acting under the command of a sea officer, except in the following cases:

Marine officers will command each other and the marines, in whatever relates to the military duties in their detachments, according to their "relative rank, and surgeons shall have authority to direct and regulate the professional duties and practice of assistant surgeons; provided that, in all cases, the orders given by such marine officers and surgeons shall be in conformity with the general regulations of the navy, and of their commanding sea officer.

Article 7. If any officer shall receive an order from his superior, contrary to any particular order of any other superior officer, or to the regulations of the navy, he shall respectfully represent (in writing when practicable) such contrariety to the superior officer from whom he shall have received the last order; and if, after such representation, the superior shall still insist upon the execution of his order, the officer is to obey him, and report the circumstances to the officer from whom he received the original order; but every officer who shall divert another from any service upon which he may be ordered by a common superior, must show, in the clearest manner, that the public interests required it.

Article 8. When an officer in command of a fleet, squadron, or single ship shall meet with his superior officer in command, he shall, if practicable, wait on him, and show his general instructions; and if he shall have sealed or secret orders, and his superior officer should determine to take him under his immediate command, he will then make the fact of his having sealed or secret orders known to his superior, who will not, in any case, open any sealed orders, or divert a commander from executing his original orders, unless he may conceive it absolutely necessary for the public service; which service having been executed, he will permit him to obey his original instructions, if still practicable and necessary, and will, as early as the nature of the service will permit, communicate all the facts of the case to the person under whose orders the inferior officer may have been acting.

Article 9. Vessels mounting 26 guns and upwards, shall be considered as the appropriate commands for captains; vessels from 16 to 24 guns, as the appropriate commands for commanders; and vessels under 16 guns, as the appropriate commands for lieutenants; but, whenever circumstances shall require it, captains may be appointed to any vessel of 20 guns and upwards, and commanders to vessels of 12 guns and under 16 guns.

Article 10. Whenever ships of the line shall be employed, a commander may be attached to each as executive officer.

Article 11. The military officers of the land and sea services of the United States shall rank together, as follows:

1st. A lieutenant of the navy with captains in the army.

2d. A commander of the navy with majors.

3d. A captain of the navy, from the date of his commission, with lieutenant colonels.

4th. Five years thereafter, with colonels.

5th. Ten years thereafter, with brigadiers general.

6th. Fifteen years after the date of his commission, with majors general; but should there be created in the navy a higher rank than captains, then rear admirals only shall rank with majors general, vice admirals with lieutenants general, and admirals with generals.

Article 12. Nothing in the preceding article shall authorize a land officer to command any United States vessel or navy yard, nor any sea officer to command any part of the army on land; neither shall an officer of the one service have a right to demand any compliment, on the score of rank, from an officer of the other service.

Article 13. The following table shows the full complement of officers, petty officers, seamen, ordinary seamen, landsmen, boys, and marines, which are to be allowed to vessels of the navy. The whole number of petty officers and persons of inferior ratings is not to be exceeded in any case, nor must the number in any particular rating be exceeded, unless it be to make up an existing deficiency in some higher rating, except by special order of the Secretary of the Navy.

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Table.

Class for prize

Rank or rating

Ships of the line.

Frigates.

Sloops.

Schooners.

Proposed Pay.

Three decks

Two decks.

1st class.

2d. class.

1st class.

2d class.

1st class.

2d class.

1

Captains  

1

1

1

1

1

1

 

 

 

1

Commanders 

1

1

1

 

 

1

1

 

 

1

Lieutenants, if commanding

 

 

 

 

 

 

 

1

 

2

Lieutenants

11

8

8

6

5

4

4

2

 

2

Masters

1

1

1

1

1

1

1

 

 

3

Surgeons 

1

1

1

1

1

1

1

 

 

Pursers 

l

l

l

l

l

l

l

l

 

3

 Chaplains 

1

1

1

1

1

 

 

 

 

3

 Secretary

 

 

 

 

 

 

 

 

 

3

Second masters 

1

1

1

 

 

 

 

 

 

4

Assistant surgeons

4

3

3

2

2

1

1

1

 

4

Passed midshipmen, masters' mates, if warranted

36

27

24

20

16

10

8

5

 

4

Midshipmen

4

Boatswains 

1

1

1

1

1

1

 

 

 

4

Gunners 

1

1

1

1

1

1

 

 

 

4

Carpenters 

1

1

1

1

1

1

1

 

 

4

Sailmakers 

1

1

1

1

1

1

1

 

 

4

Schoolmasters 

1

1

1

1

1

1

1

 

 

4

Clerks 

1

1

1

1

1

1

1

 

 

5

Masters' mates, not being warrant officers

 

 

 

 

 

 

 

 

 

5

Yeoman, (see note)

1

1

1

1

1

1

1

1

 

5

Boatswains' mates

8

6

6

4

3

2

2

2

$19 00

5

Gunners' mates

6

4

4

2

2

1

1

1

19 00

5

Carpenters' mates

4

3

3

2

2

1

1

1

19 00

5

Master-at-arms

1

1

1

1

1

1

1

 

19 00

5

Ships' cooks

1

1

1

1

1

1

1

1

18 00

6

Quartermasters

12

10

10

7

6

4

4

3

18 00

6

Quartergunners 

24

18

18

10

8

4

4

3

15 00

6

Captain of forecastle 

3

3

3

2

2

2

2

2

18 00

6

Captains of tops 

9

9

9

6

6

4

4

 

15 00

6

Armorers 

1

1

1

1

1

 

 

 

18 00

6

Coopers 

1

1

1

1

1

 

 

 

15 00

7

Ships' stewards 

1

1

1

1

1

1

1

1

18 00

7

Officers' stewards 

2

2

2

2

2

2

2

1

18 00

7

Pursers' stewards 

1

1

1

1

1

1

1

 

18 00

7

Sailmakers' mates

2

2

2

1

1

 

 

 

15 00

7

Captains of hold

 

2

2

2

2

2

1

 

15 00

7

Officers' cooks

2

2

2

2

2

2

2

1

15 00

7

Ships' corporals

3

2

2

1

1

 

 

 

15 00

7

Masters of the hand

1

1

1

1

1

 

 

 

18 00

7

Seamen

300

240

220

150

120

55

50

17

12 00

8

Ordinary seamen

350

250

180

100

70

38

33

12

10 00

8

Musicians, 1st class

8

6

6

4

3

 

 

 

2 00

8

Musicians, 2d class

6

5

5

3

2

 

 

 

10 00

9

Landsmen

250

150

130

60

46

21

17

8

9 00

9

Boys

77

57

50

25

20

12

10

6

$8 to 6 00

 

 

1,140

830

710

430

340

179

159

70

 

 

MARINES.

 

 

 

 

 

 

 

 

 

2

Captains or superior officers

1

1

1

 

 

 

 

 

 

3

Lieutenants 

2

2

2

1

1

 

 

 

 

5

Sergeants

3

3

3

3

3

2

2

 

 

7

Corporals

4

4

4

3

3

2

2

 

 

8

Drummers

1

1

1

1

1

1

1

 

 

8

Fifers

1

1

1

1

1

1

1

 

 

8

Privates

48

48

48

31

21

10

10

 

 

 

Total complement

1,200

890

770

470

370

195

175

70

 

 

Proposed pay.

Clerk of commander of squadron

$40 00

Coxswain to squadron

18 00

Steward to squadron

18 00

Cook to squadron

18 00

Domestics

12 00

Note.—The pay of yeomen, to be in ships of the line

40 00

In frigates

35 00

In sloops

25 00

In schooners

18 00

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Article 14. The commander of a squadron shall he allowed, independently of the complement of the vessel in which he may be embarked, if commanding in chief, one flag lieutenant, one secretary, one clerk, one coxswain, one cook, and three servants. If not commanding in chief, he shall be allowed the same, excepting a clerk; and to a captain of a fleet there shall be allowed a coxswain and two servants, who, with the commanders of fleets or squadrons, and captains of the fleet, when allowed, are to.be borne as supernumeraries for pay and provisions.

CHAPTER II.—APPOINTMENTS AND PROMOTIONS.

Article 15. No officer whatever shall, when within the jurisdiction of the United States, appoint any person, not holding a commission or warrant in the navy, to perform the duties of a commission or warrant officer, nor give to any commission or warrant officer an acting appointment for any higher grade than that for which he may be commissioned or warranted; nor shall he, at any time, order any officer into service, or upon duty, who is upon leave of absence or furlough, or make any change in the distribution or arrangement of officers, unless by the orders or permission of the Secretary of the Navy, except in cases of emergency.

Article 16. The commander-in-chief of a fleet or squadron, or the commander of a vessel acting singly, when without the jurisdiction of the United States, may, when necessary, but not otherwise, give acting appointments to commission or warrant officers, to fill vacancies, or to meet other wants of the service, and may appoint persons, not warranted, to act in the situation of boatswain, gunner, carpenter, and sailmaker.

Article 17. All officers who may have occasion to make acting appointments shall conform to the general regulations as regards the claims of rank and seniority, and as respects qualifications, whenever it shall be practicable, and shall give the earliest information to the Department of all such appointments which may be made by them, with their reasons for the same, and forward lists of all such appointments to the Secretary of the Navy immediately on their arrival in the United States.

Article 18. All acting appointments made by officers shall be made to continue during the pleasure of the commander-in-chief for the time being, or until the pleasure of the Secretary of the Navy may be known.

Article 19. Commanders-in-chief, when without the jurisdiction of the United States, may direct three captains, commanders, or other proper officers, as the case may require, to examine the candidates for promotion, when it shall be necessary for selecting persons who have not been examined, to fill vacancies, and the certificates of qualification shall be immediately forwarded to the Secretary of the Navy, who may, if he thinks proper, direct further examinations before the candidates are commissioned.

Article 20. If an officer shall succeed to the command of a vessel without the jurisdiction of the United States, in consequence of the death or captivity of the commander, he may make the necessary appointments to supply vacancies, to act until he brings the vessel into port, delivers her up to a superior officer, or receives the instructions of his commander-in-chief or of the Secretary of the Navy.

Article 21. Every officer entitled to a secretary shall have the power to appoint him, and every commander shall have the power to appoint his own clerk.

Article 22. Every commander shall have power to rate and disrate the petty officers allowed to the vessel under his command, having due regard to their conduct and qualifications, reporting to the commanding officer of the squadron to which he belongs all the alterations which he may make in such ratings.

Article 23. Nor person under fourteen or over twenty years of age, and who does not understand the elements of arithmetic, English grammar, and geography, will be appointed a midshipman.

Article 24. Acting midshipmen will not receive warrants until they shall have served at sea one year, and shall have produced satisfactory testimonials from their commanders of their good conduct and capacity. When their warrants are issued, they shall bear the same date as their original appointments.

Article 25. Boatswains, gunners, carpenters, and sailmakers shall receive acting appointments only until they shall have served twelve months, which appointments shall be revocable, for misconduct or incapacity, by the commander of a squadron, or of a vessel acting independently of any squadron. At the expiration of twelve months, should they produce satisfactory testimonials of good conduct and capacity from their commanders, they may, if their services should be required, receive warrants of the same date as their appointments.

Article 26. No person shall be appointed second master until he shall be twenty-one years of age, and shall have passed such an examination by a board of naval officers, in seamanship, mathematics, and navigation, as may be directed by the Secretary of the Navy, and produced satisfactory testimonials of general good conduct.

Article 27. No person, not already an officer of the navy, shall be appointed a master until he shall be twenty-five years of age, nor shall any person receive a warrant as master until he shall have passed an examination in seamanship, mathematics, and navigation, as may be directed by the Secretary of the Navy, and have produced the most satisfactory testimonials of general good conduct.

Article 28. No master shall be appointed as first master to a ship of the line, until he shall have performed at least two years' sea service as master in a frigate or sloop-of-war.

Article 29. No midshipman shall be promoted to a lieutenant until he shall be twenty years of age, and have performed at least three years' sea service, nor until he shall have passed an examination upon seamanship and mathematics, before a board of such officers as the Secretary of the Navy may appoint, and shall produce satisfactory evidence of his moral character and general good conduct.

Article 30. No lieutenant shall be promoted to a commander until he shall have performed at least three years' sea service as lieutenant.

Article 31. No commander shall be promoted to a captain until he shall have performed at least two years' sea service as commander.

Article 32. Warranted masters' mates are only eligible for promotion to second masters; second masters are only eligible to promotion as masters; and masters are not considered eligible to further promotion, except under extraordinary circumstances; but the promotion of a passed midshipman, who may be appointed to act as second master, or as master, will not be affected by such acting appointment.

Article 33. Promotion of officers, from passed midshipmen upwards, will be according to seniority, excepting for acts of distinguished bravery, or uncommon good conduct, and unless their claim should become forfeited by degradation or suspension from rank by disgraceful conduct or manifest incapacity.

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Article 34. No person shall receive the appointment of assistant surgeon in the navy of the United States unless he shall have been examined and approved by a board of naval surgeons, who shall be designated for that purpose by the Secretary of the Navy.

Article 35. 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 unless he shall have been examined and approved by a board of surgeons designated for that purpose by the Secretary of the Navy.

Article 36. No person shall be appointed a chaplain in the navy, who shall not be a regularly ordained or licensed clergyman of unimpeached moral character, not exceeding fifty years of age, and who shall not be well qualified to give instruction in mathematics, history, and moral philosophy.

Article 37. Pursers shall not be appointed under twenty-one years of age, and, unless necessary from the urgent wants of the service, shall not be appointed to any sloop-of-war until they shall have served two years in brigs or schooners; nor to a frigate or navy yard, unless they shall have served four years in sloops or smaller vessels; nor to a ship of the line, until they shall have served six years in navy yards, frigates, or smaller vessels; and when a purser shall have performed two years' service in each class as above, he shall be liable to perform the same succession of duties, except he shall have been eight years a purser, or six years a purser at sea, in which case he shall not be ordered to a brig or schooner.

Article 38. Pursers may select their own stewards, subject to the approbation of their commanders; but all stewards shall, like other petty officers, sign the shipping articles, so that they may be subject to the laws and regulations for the government of the navy.

Article 39. No captain shall be appointed to the command of a ship of the line, until be shall have seen three years' sea service as captain, except in cases of necessity.

Article 40. No captain shall be appointed to the command of a navy yard, until he shall have served eight years as such, and shall have performed four years' sea service as captain; nor shall any commander be appointed to any such navy yard, until he shall have served as such four years, and have performed two years' sea service as a commander; nor shall any lieutenant be appointed as senior lieutenant to any such navy yard, until he shall have performed at least five years' sea service as a lieutenant; nor shall any master be appointed as first master at any navy yard, until he shall have performed at least five years' sea service as a master.

Article 41. No surgeon or assistant surgeon shall be appointed to any hospital or navy yard, before he shall have performed at least three years' sea service in the grade to which be belongs, except in cases of necessity. 

Article 42. No chaplain shall be appointed to a navy yard, unless he shall have performed at least three years' sea service.

Article. 43. No midshipman shall serve for a longer period than six months on board of a schooner, when it can be avoided without injury to the public service, before he shall have passed his examination for promotion.

Article 44. The foregoing articles, 28, 29, 30, 31, 39, 40, and 41, or either of them, which regulate the employment and promotion of different officers, may be suspended (except so much as relates to their passing the required examinations to prove their qualifications) in favor of officers who shall have performed acts of distinguished bravery and good conduct.

Article 45. Officers entitled to examination will notify the Secretary of the Navy, through the proper channel, of their wish to be examined; and notice will be given annually, by the Secretary of the Navy, to all persons entitled to examinations, of the time when, and place where, examinations are to be held, and of the classes of persons who are to attend.

Article 46. Should any officer fail to attend an examination to which he is entitled from his date, when notified, or shall not have sought or improved opportunities to see sufficient sea service, or, having attended, shall fail to pass the required examination, he shall not take rank with the class of his date, but with that with which he shall pass his examination, excepting he shall produce satisfactory proof that he was prevented from attending, in consequence of employment on distant service in the navy, by sickness or by other sufficient cause; in which case, if he presents himself at the first examination thereafter which he can attend, he shall take rank with the class of his date, in the same manner as though he had been examined with them.

Article 47. Assistant surgeons, second masters, and midshipmen, who shall be found unqualified for promotion upon a second examination, shall be forthwith dismissed from the service.

Article 48. If any person shall produce false certificates of age, time of service, or character, before a board of examination, such person shall, whenever it may be discovered, be brought before a court-martial to answer for such disgraceful conduct.

Article 49. The time which an officer may be attached to or doing duty on board a sea-going vessel of the navy in commission, will be considered as sea service within the meaning of these regulations.

Article 50. Boards of officers who may be appointed by the Secretary of the Navy to examine assistant surgeons, second masters, and midshipmen, shall grant certificates to such as, in their opinion, prove themselves qualified for promotion, and shall number such certificates according to the relative qualifications of the different individuals, giving No. 1 to the best qualified, and the other numbers in regular order, which certificates shall be conclusive as to their relative rank as passed assistant surgeons, passed second masters, and passed midshipmen, except as provided in article 46, for officers who cannot attend with their proper class.

Article 51. When an officer shall be appointed to the command in chief of a fleet or squadron, consisting of not less than ten ships-of-war, he may be allowed a captain to assist him, if he shall request it, who shall be styled "captain of the fleet."

Article 52. Every officer who shall be appointed to the command of a fleet or squadron, shall be allowed a lieutenant to assist him in performing his duties, who shall be styled "flag lieutenant."

Article 53. Whenever an officer shall be appointed to the command in chief of a fleet or squadron, the limits of his command shall be specified in his instructions.

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CHAPTER III.—MILITARY HONORS AND CEREMONIES.

Article. 54. When the President of the United States shall visit a vessel of the navy, he shall be received upon deck by all the officers in full uniform; the yards shall be manned; the full guard shall be paraded, and shall present arms; the music shall play a march; and a salute of one gun for each State in the Union shall be fired.

Article 55. When the Vice-President of the United States shall visit a vessel of the navy, the same honors shall be paid as are directed in article 54, excepting that the salute shall consist of twenty-one guns.

Article 56. When the Secretary of the Navy, or any other of the heads of departments of the general government, or any governor of one of the United States, shall visit a vessel of the navy, the same honors shall be paid as are prescribed in article 54, excepting that the salute shall consist of nineteen guns.

Article 51. Whenever the Navy Commissioners shall officially visit a vessel of the navy, they shall be received on deck by all the officers in uniform; an officer's guard shall be paraded, and shall present arms, and the drums shall give three ruffles, and a salute of seventeen guns shall be fired.

Article 58. Whenever any commander-in-chief of a fleet or squadron shall go on board any vessel of the navy, he shall be received on deck by the commander, if of the same or of inferior rank, and by the other officers in uniform; an officer's guard shall be paraded, and present arms, and the drum shall give three ruffles.

Article 59. Commanders of squadrons and divisions, not commanding in chief, and captains of the fleet, shall be received as directed in the preceding article, except that only two ruffles of the drum shall be given to commanders of squadrons, and only one ruffle to commanders of divisions and the captain of the fleet.

Article 60. Captains and commanders of vessels shall, when they go on board a vessel of the navy, be received on deck by the commander of the vessel visited, when of the same or of inferior rank, by the officer second in command, and by the officers of the watch; a sergeant's guard for captains, and a corporal's guard for commanders, shall be paraded, and present arms.

Article 61. All commission officers below the rank of a commander shall be received by the officer of the watch; warrant officers shall be received by a warrant officer of the watch.

Article 62. The salutes of an admiral commanding in chief, shall be seventeen guns; of a vice admiral commanding in chief, fifteen guns; of a rear admiral commanding in chief, or of a captain commanding a squadron in chief, thirteen guns. But when any of the foregoing officers shall be in command of squadrons or divisions, and not commanding in chief, then their salutes shall be two guns less than when commanding in chief.

Article 63. Whenever an officer shall be appointed to the command of any fleet, squadron, or division, he shall, on assuming the command, and hoisting the flag of his rank, receive the salute to which he may be entitled from all the vessels present which belong to his fleet, squadron, or division.

Article 64. Vessels when first joining a fleet, squadron, or division, or which may rejoin one after separation of not less than six months, shall salute the senior commanding flag officer, or commander-in-chief of a squadron, who may be present. Neither captains (except when in command of a squadron or division) nor commanders shall salute each other.

Article 65. When fleets, squadrons, or divisions meet, the commanding officers only shall salute. When more than one vessel salutes, the officer receiving it shall wait till they shall have ceased firing, and then fire the number of guns to which he is entitled as a salute.

Article 66. Salutes from officers who are entitled to receive them shall be returned with the number of guns to which they are so entitled. Salutes of captains shall be returned with nine guns; salutes of commanders shall be returned with seven guns; and of lieutenants commanding with five guns.

Article 61. Officers of the army of the United States may be received in the same manner as is prescribed for officers of the navy of corresponding rank, when they visit the vessel of the senior navy officer in any port of the United States.

Article 68. Upon the anniversary of the declaration of the independence of the United States, at the hoisting of the colors in the morning, all the vessels of the navy shall, when in port, be dressed, and so continue until the colors are hauled down at sunset, if the state of the weather and other circumstances will allow it. At meridian a salute shall be fired from every vessel in commission mounting over six guns, to consist of one gun for each State in the Union.

Article 69. On the 22d day of February, being the anniversary of the birthday of Washington, a salute of one gun for each State in the Union shall be fired at meridian from every vessel of the navy in commission mounting over six guns.

Article 70. Ministers plenipotentiary of the United States, when they embark on board any vessel-of-war to proceed on a foreign mission, or shall visit a vessel in a foreign port, shall be received in the same manner as an admiral commanding in chief.

Article 71. Charges des affaires embarking for a foreign mission, or visiting a vessel-of-war in a •foreign port, shall be received in the same manner as a rear admiral not commanding in chief, a consul general in the same manner as a captain commanding a squadron, but not in chief, and consuls in the same manner as captains.

Article 72. Foreigners of distinction, not being naval officers in command, may, when they shall visit vessels of the United States, be saluted with a number of guns, corresponding with their rank or quality, upon their leaving the vessel.

Article 73. When naval or military officers of a foreign nation shall visit a vessel of the United States, they may.be received with the same honors as officers of the United States of the same rank.

Article 74. Forts or castles of the United States are not to be saluted by United States vessels-of-war.

Article 75. The foregoing regulations in this chapter shall extend to navy yards, as far as they can be may to apply.

Article 76. Salutes between vessels-of-war of different nations are considered national and not personal salutes. When a foreign vessel-of-war shall salute a vessel of the United States, her salute shall be returned gun for gun.

Article 77. Vessels of the United States may salute the vessels-of-war of other nations in foreign ports, on receiving an assurance of receiving gun for gun. But they shall never first salute any foreign

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vessel-of-war within the jurisdiction of the United States. If at anchor, one or more sails shall be loosed when a vessel is saluted.

Article 78. Vessels of the United States may, upon their arrival in a foreign port, salute the place, upon receiving an assurance that their salute shall be immediately returned, gun for gun. The sails shall be furled when a port or place is saluted.

Article 79. Vessels of the United States may fire salutes when in foreign ports, upon the celebration of any national anniversary of the country to which the port belongs, or when the national anniversary of another country, in amity with the United States, shall be celebrated by the vessels-of-war of such country, which are lying in the same port.

Article 80. Commanding officers of any fleet, squadron or vessel, will, after anchoring in any foreign port, make the first visit to the commanding naval officer of the nation to which the port belongs, and to the authorities of the place, provided the usual offers of civilities shall have been first made to them.

Article 81. Whenever foreign vessels-of-war, of a nation in amity with the United States, shall arrive in a port of the United States where there is a vessel of the navy, or navy yard, the commanding-officer shall send on board to offer any assistance which the foreign vessel may require; but he shall not himself visit the foreign officer till that officer shall have first visited him.

Article 82. Vessels-of-war of the United States are never to lower their sails or flags in any part of the world to any foreign ship or ships, unless such foreign ships shall have first lowered, or shall at the same time lower their sails and flag to the vessels of the United States.

Article 83. Upon the death of the President, or of an ex-President of the United States, the commanding officer of navy yards and of vessels in commission will cause minute guns to be fired on the day following the receipt of official intelligence, commencing at noon, and firing one gun for each State in the Union, and will display their colors at half-mast during the day. Officers are to wear crape on the left arm for one month.

Article 84. When the commander of a fleet, squadron, division, or vessel shall die during his command, the colors, flags and pendants of all the vessels present shall, when at sea, be hoisted half-mast during the performance of the funeral service; and when in port, from the time of his decease until the funeral service shall be completed. At sea, when the body shall be committed to the deep, and in port, when it leaves the vessel to proceed on shore, the vessel in which he had been embarked shall fire as many minute guns as shall be equal to the number designated as the salute for officers of his rank and command.

Article 85. When a lieutenant in actual service shall die, the colors of the vessel to which he had belonged shall be hoisted half-mast during the performance of the funeral service when at sea, and, when in port, from the time the body leaves the vessel until the funeral service shall be completed. The full guard of the ship shall fire three volleys of musketry when the body is committed to the deep, or when it leaves the ship for the shore.

Article 86. Upon the death of any warrant officer, the colors of the vessel to which he may have belonged at the time of his death shall be hoisted half-mast during the performance of the funeral service at sea, and, when in port, from the time the body leaves the ship until it reaches the shore, and the guard shall fire two volleys of musketry.

Article 87. The funeral honors to be rendered to officers on service, having assimilated rank with sea officers, shall be the same as is prescribed for sea officers of their respective ranks.

Article 88. No military honors shall be paid, except between the rising and setting of the sun.

CHAPTER IV.—GENERAL REGULATIONS.

Article 89. All officers are to be constant in their attention to their duties, never absenting themselves therefrom without the consent of their commanding officer, nor remaining out of the vessel to which they belong during the night, after the watch is set, without express permission to that effect from their commander.

Article 90. All persons in the navy shall conduct themselves with perfect respect to their superiors, and show every proper attention to those under their orders, having due regard to their situation, and should invariably set an example of morality, regularity and attention to duty.

Article 91. If any officer shall consider himself to be oppressed by his superior, or observe any misconduct in him, he is not, on that account, to fail in his respect to him, but he is to represent through the prescribed channels (in the chapter upon correspondence) such oppression or misconduct to the captain of the ship, the commander of the fleet or squadron, or to the Secretary of the Navy, as the circumstances of the case may require.

Article 92. If any person belonging to the navy shall know of any fraud, collusion or improper conduct in any agent, contractor or other person employed in matters connected with the naval service, he shall report the same in writing, through the prescribed channel, to the proper officer, or to the Navy Department. But he must, in all cases, specify the particular acts of misconduct or collusion, and state the means of proving the same; and he will be held strictly accountable for any groundless or vexatious charge he may exhibit.

Article 93. No person in the navy shall use any language that may tend to render officers or others dissatisfied with any service in which they may be engaged, or which may diminish their confidence in, or respect for, their superiors in command, or which may, in any manner, weaken that subordination which is essential to the security and usefulness of the navy; and it shall be the duty of any officer, who may hear such language, to reprove and suppress it in all inferiors, and to report them to the proper "officer, if they disregard such interference.

Article 94. No deviation is to be made from the directions which the Navy Commissioners may give, relative to the construction, arrangement, armament or equipment of vessels, without their previous sanction. Should cases of absolute necessity occur for a change, the alteration and the effects produced by it are to be reported to the Navy Commissioners as soon thereafter as practicable.

Article 95. Every officer is strictly enjoined to avoid all unnecessary expenditure of public moneys or stores, and, as far as may be in his power, to prevent the same in others, and to encourage the strictest economy that may be consistent with the interests of the service; and all persons in the navy will be held answerable for any unnecessary or improper expense which they may direct or authorize.

Article 96. No article of public stores is ever to be appropriated to the private use of any person,

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without the consent of the Navy Department, except in cases of distress, and by the order of the senior officer in command, who shall give the earliest information to the Department of the circumstances, and shall be careful to take the best security which the nature of the case will admit, so that the articles or their value may be refunded to the United States.

Article 97. The United States are, in all cases, to receive credit for the actual proceeds of all bills of exchange. When practicable, the rate of exchange, at the time and place where the bill was negotiated, should be certified by the consul of the United. States, or by three respectable merchants. The Secretary of the Navy must be immediately advised of every draft drawn, and the amount chargeable to each particular item of appropriation.

Article 98. All persons employed in the navy, or for naval purposes, are strictly prohibited from having any concern or interest in purchasing or contracting for supplies of any kind for the navy, or in any works appertaining to it. Neither shall they receive any emolument or gratuity of any kind from any contractor or other person furnishing supplies, either directly or indirectly, on account of such purchases, contracts, or works.

Article 99. Every person whose signature is necessary for the passing of any other person's accounts, shall, before relinquishing his command or leaving his station, sign all such as may be necessary for that purpose, upon being satisfied of their accuracy.

Article 100. When the sun sets after six o'clock, the watch shall be set at nine o'clock; and when it sets before six o'clock, it shall be set at eight o'clock in the evening.

Article 101. All lights and fires, excepting those necessary for the service of the vessel, or specially allowed by the commanding officer, shall be extinguished at the setting of the watch, and excepting the lights used by the commissioned and warrant officers, which shall be extinguished at ten P. M., unless sooner directed by the commanding officer.

Article 102. In the execution of criminal process issued by civil authorities, officers are required to furnish active assistance, when necessary, within their commands.

Article 103. The commander of a fleet, squadron, or single ship, acting alone, shall, before leaving a port at which he may have received supplies, the bills for which require his approval, notify the persons' who may have furnished the same to attend at some specified time, with their accounts, so that none may be left without receiving his inspection and approval, should they be correct. The approval of the accounts must bear the date of the time of the approval, and the sum for which the account is approved must be written in words at length, not given in figures.

Article 104. Within the United States, men are not to be transferred from vessels of one squadron or station to vessels of another squadron or station, without the consent of the Secretary of the Navy, nor from one vessel to another of the same squadron, unless required for the public interests, or as authorized by the 174th article of chapter 9—" Commanders of Vessels."

Article 105. No person" in the navy is to be discharged before the expiration of his term of service, without the orders or permission of the Secretary of the Navy, or of the commander-in-chief of a fleet or squadron upon a foreign station.

Article 106. When any person shall be transferred from one vessel, navy yard, or station to another, the commander of the vessel, navy yard, or station, from which they may be sent, shall take care that they are accompanied by a correct statement of their respective accounts, showing the date of their original entry into the service, the time when their service expires, their rating, the amount they may have received, and the amount still due to them; which statement shall be forwarded to the commander of the vessel, navy yard, or station to which they may be sent, to be by him handed to the purser

Article 107. Gambling is strictly prohibited on board the vessels of the navy, and in navy yards.

Article 108. Notwithstanding there are particular duties prescribed for different officers on board, vessels by these regulations, yet it is not intended to limit their duties to those which are thus specified; but they are promptly to obey all orders which they may receive from their commanding officers, who will take care that every officer performs all his duties in a proper manner.

CHAPTER V.—THE COMMANDER-IN-CHIEF OF A FLEET OR SQUADRON.

Article 109. When an officer shall be appointed to the command of a fleet or squadron, he may, so soon as a vessel shall be appointed to receive him, or shall be placed under his command, hoist his proper flag, or distinguishing pendant, in such vessel, and wear it until his suspension, removal, or return to the United States.

Article 110. The commander-in-chief of a fleet or squadron shall as early as possible, inform himself of the state and condition of the vessels, and with the qualifications and character of the commanders and other officers who are placed under his command, so that he may be able to select, for particular services, those best qualified to perform them.

Article 111. He shall use every exertion to equip his fleet or squadron as expeditiously as possible, and make frequent reports to the Navy Department of his progress.

Article 112. He shall, at all times, keep the fleet or squadron in the most perfect condition for service that may be practicable, and shall employ for that purpose the artificers and others belonging to the vessels under his command, in aid of such other means as may be deemed necessary.

Article 113. Immediately before sailing for foreign service, he must cause reports to be made to the Navy Commissioners, of the length of time for which the fleet is provided with provisions and stores; and he must, thereafter, give them such information as shall enable them to forward supplies in time to prevent the necessity of disadvantageous purchases abroad.

Article 114. He shall order no alteration in navy yards or vessels, without the consent of the Navy Commissioners, unless in cases of pressing emergency, of which he shall give them the earliest information.

Article 115. He shall exercise no authority in a navy yard, unless it shall have been placed under his direction by the Secretary of the Navy.

Article 116. He shall direct frequent examinations to be made of the hospital vessels and establishments under his command, and cause every attention to be paid to the comfort of the sick, and shall require, from the examining officers, written reports of their state and condition.

Article 117. All requisitions for supplies for the vessels under his command must receive his approval, or the approval of the captain of the fleet, before the articles will be furnished, unless the vessel

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should be separated so as to render it impracticable, and, in such cases, the requisitions must be approved by the senior officer present, and copies transmitted to the commander-in-chief of the squadron, by the earliest opportunity. The approving officer must, in all cases, satisfy himself that the articles and quantity required are really necessary for the public service, or conformable to such allowances as are or shall be established.

Article 118. He shall have no private interest in the procurement of any supplies for the public service, nor in any way interfere with their purchase, when there are proper officers appointed for that purpose, unless there should be a necessity of making use of his credit or authority for obtaining them.

Article 119. When there is no regular agent established, he may appoint one, or adopt such other measures, for the purpose of procuring supplies, as he may deem most advantageous to the United States.

Article 120. He must exercise the fleet or squadron on all occasions, when the state of it and other circumstances will admit, in performing the various evolutions that are essential to order and safety, particularly those which may be necessary or useful to adopt in presence of an enemy.

Article 121. He shall inspect, or cause the captain of the fleet to inspect, the vessels under his command as frequently as he may deem necessary, and see that all proper attention is paid to order, discipline, efficiency, and cleanliness, and to the laws and regulations of the service, and he shall be careful that the ship in which he himself sails shall be a proper example to others upon those subjects.

Article 122. He shall be attentive in battle to observe the conduct of those under his command, that he may be able to correct their errors, and prevent ill effects from any misconduct.

Article 123. Should he find cause to transfer, or suspend from their stations, any officers under his command, he shall, in such cases, transmit to the Secretary of the Navy an account thereof, with his reasons for the same.

Article 124. He shall make to the Secretary of the Navy semi-annual reports of the professional skill and attainments of all commanders of vessels in his squadron, and of the order and efficiency in which they keep their vessels, and quarterly reports according to form No. -----, on the last days of March, June, September and December.

Article 125. He shall correspond, regularly and frequently, with the Secretary of the Navy, keeping him informed of his proceedings, and of the state and condition and probable wants of the vessels under his command, and of all other important information within his knowledge, relative to the service in which he may be employed, and of any foreign naval force employed upon the station or in its vicinity— sending duplicates when on foreign service.

Article 126. He shall forward, by all convenient opportunities, to the Secretary of the Navy, monthly returns of the condition, distribution, and employment of the vessels of the squadron, and of the officers and men in the different vessels, according to forms in the appendix, marked -----.

Article 127. He shall number and keep all orders and instructions given or received by him, and all his official correspondence, in the most intelligible form, and at the end of every cruise shall transmit to the Secretary of the Navy a list of all the numbers of his correspondence with the Department, and copies of any papers which the Secretary may state not to have been received.

Article 128. He shall forward to the Navy Commissioners any suggestions or plans for the improvement of public works in navy yards, or in the construction, equipment, or arrangement of vessels-of-war, or upon any subject connected with the navy, which he may deem important to the interests of the service, accompanying the same with estimates of their cost, when practicable.

Article 129. He shall, whenever a vessel of his squadron is to return to the United States, take care to transfer to her invalids and all persons whose terms of service have expired, or are about to expire, unless the public interests should require their detention; so as to prevent, if possible, the unnecessary detention of any person in the service beyond the term for which he had enlisted.

Article 130. He shall not resign his command without the previous consent of the Secretary of the Navy, unless the ill state of his health shall render it absolutely necessary.

Article 131. When he shall resign his command to another, or be superseded therein, he shall deliver to his successor accurate copies of all unexecuted instructions, orders, or signals, taking receipts for the same, together with all such information relating to the squadron, or the service to be performed, as may be useful to his successor.

Article 132. Should he be killed in battle, his flag shall be kept flying while the enemy remains in sight, and the officer next in command shall be immediately informed thereof, and take command of the fleet.

CHAPTER VI.—COMMANDERS OF SQUADRONS OR DIVISIONS OF A FLEET.

Article 133. The commanders of squadrons, under a commander-in-chief, will be held responsible to him for the efficiency, discipline, and attention of the vessels under their immediate command.

Article 134. All reports, returns, and requisitions, from vessels belonging to squadrons or divisions of a fleet, must be made to their respective commanders, and by commanders of divisions to commanders of squadrons, and receive their approval before they are transmitted to the commander-in-chief.

Article 135. The commander of one squadron or division may correct, by signal or otherwise, the mistake or negligence of ships in another squadron or division, when it is probable they cannot be distinctly seen by the commander of the squadron or division to which they belong, or whenever, being in presence of an enemy, the officer commanding that squadron or division does not, himself, immediately correct such negligence or mistake.

Article 136. If a commander of a squadron or division should, during battle, perceive any vessel of a squadron or division commanded by an officer of inferior rank, or junior to himself, evidently avoiding battle, or not doing his duty, he may send an officer to suspend the commander of that vessel, and to take command of her. If the vessel does not belong to the division of the officer who takes these measures, he is to give the earliest information of his proceedings to the commander-in-chief, and to the commander of the squadron or division to which the vessel may belong.

Article 137. Commanders of squadrons and divisions shall, when practicable, inspect the vessels under their command, immediately before going to sea and after their return into port, and at other times, when it can be done, as often as once a month, and whenever the commander-in-chief may direct, and shall make reports, in writing, to him of their efficiency and discipline.

Article 138. Whenever the commander-in-chief shall not declare his intention of manoeuvring the

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fleet in detail, it shall be the duty of commanders of squadrons and divisions to make all the signals which may be necessary to regulate the movement of their squadrons or divisions, so as to carry into execution any general evolution, or to preserve any prescribed position that may have been ordered by the commander-in-chief.

Article 139. Commanders of squadrons and divisions will, after battle, call upon their captains for written reports of the conduct of their officers, and the state and condition of their vessels, and will, afterwards, make similar reports to their immediate commanders.

Article 140. Officers who may be entitled to carry a flag or broad pendant, together with the captain of the fleet, flag lieutenant, and secretary, when allowed, and the coxswain, cook, steward, and servants of such superior officers, shall not be considered as belonging to any particular vessel, but shall be borne as supernumeraries on the books of the vessels in which they may sail.

CHAPTER VII.—THE COMMANDER OF A PORT OR COAST STATION.

Article 141. Whenever an officer shall be appointed to the command of a port or coast station in the United States, the limits of the command will be defined by the Secretary of the Navy.

Article 142. All vessels of the United States in commission, which shall arrive, or be stationed, within the limits of his command, shall make all their reports and submit all their requisitions to him for examination and approval, and shall obey his orders, unless they shall be commanded by superior officers, or shall be under orders and in the presence of his superior officer.

Article 143. The commander of a port or coast station will conform to the regulations, prescribed for commanders-in-chief of fleets or squadrons, respecting the procuring and distribution of stores and the discipline of the service.

Article 144. The same officer cannot perform the duties of a commandant of the navy yard and commander of a port or coast station at the same time, except by order of the Secretary of the Navy.

Article 145. It shall be his duty carefully to inspect, with the commander of the vessel, all vessels at the port where he may be, and which are not commanded by superior officers, or under the command and in the presence of his superior officer, immediately before going to sea, and report to the Secretary of the Navy and to the Navy Commissioners their state and condition, and their efficiency for service.

Article 146. He shall also examine and inspect, with the commander, all vessels which arrive from sea at the port where he may be, not commanded by a superior officer, nor under the command and in the presence of his superior officer, and shall report to the Secretary of the Navy and to the Navy Commissioners the efficiency, state, and condition of the vessels, and the nature and extent of any repairs which, in his opinion, they may require to enable them to perform the service for which they may be intended.

CHAPTER VIII.—CAPTAIN OF A FLEET.

Article 147. It shall be the duty of the captain of the fleet to keep a journal of the movements and operations of the fleet or squadron, and he shall insert in it all information which may be obtained, that may relate to the service upon which the fleet or squadron shall be engaged, and shall note, particularly, the various evolutions and circumstances attending them, that may occur in action. He shall present the journal to the commander-in-chief daily, who will approve it upon satisfying himself of its correctness.

Article 148. He shall receive the orders of the commander-in-chief, and shall transmit them, in his name, to the person for whom they are intended, according to his directions, either by signals, in writing, or verbally, as may be necessary. These orders shall be obligatory upon all persons in the fleet to whom they may be addressed, when issued at the place where the flag of the commander-in-chief is flying.

Article 149. He shall immediately report to the commander-in-chief any neglect or disobedience of his orders.

Article 150. He shall keep a register of the orders of the commander-in-chief, noting the day and the hour when he shall have received them. This register shall be kept according to the form annexed, and marked -----. 

Article 151. He shall keep another register, according to the form annexed, and marked -----, in which he shall insert the register number of the orders he may transmit, noting the day and the hour when they are transmitted.

Article 152. He shall take care, when officers are called on board to receive verbal orders, that they note in an order book, (see form marked -----,) which they must bring for that purpose, the substance of the order given.

Article 153. He shall cause to be inserted in a register, according to form marked -----, all signals which may be made in the fleet or squadron.

Article 154. The captain of the fleet shall be subject only to the orders and directions of the commander-in-chief, or whoever may act as commander-in-chief for the time being.

Article 155. Whenever the captain of the fleet shall be detailed for or employed on any other service, he shall take rank and command according to his commission.

CHAPTER IX.—COMMANDERS OF VESSELS.

Discipline and general duties.

Article 156. When an officer shall be appointed to the command of a vessel, he shall, immediately upon joining her, visit her throughout, and ascertain her state and condition; and, if he discovers any defect or deficiency, shall make immediate report to his superior officer.

Article 157. After assuming the command, he will be held responsible for the whole conduct and good government of the officers and others belonging to the vessel, according to the laws and regulations for the government of the navy, and must set an example of respect and obedience to his superiors, and of unremitted attention to his duties.

Article 158. When a vessel shall be transferred, by the commander of a navy yard, to him for service, he shall hoist his pendant, and use every exertion to complete the arrangements that may be necessary for her efficient employment at sea, and shall report her state, weekly, to the proper authority.

Article 159. When appointed to the command of a vessel, he shall be furnished with a statement of

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her condition, and of her presumed or ascertained qualities, according to the form annexed, and marked -----, by the commandant of a navy yard; or by the previous commander of the vessel, if the vessel be already in commission.

Article 160. He shall, as soon as possible, arrange his men at their quarters, and at their various stations, for performing their different duties, and shall muster and exercise them as frequently as other duties will permit before going to sea; and shall cause the quarter, watch, and station bills to be fairly made out and hung in some conspicuous place, where all persons on board may have access to them for information.

Article 161. He shall, as soon as possible, after recruits are received on board, rate them according to their abilities, without partiality or favor, but no person shall be rated ordinary seaman who shall not have been employed at sea two years, nor seaman, unless he has been at sea five years; and he shall take care that every person does actually perform the duties of the station to which he is rated.

Article 162. He shall, as often as once in three months, at general muster, revise the ratings of the petty officers and crew, having strict regard to their merits and demerits; but the number of men, in any rating which may be established by regulations, shall in no case be exceeded, except to make good a deficiency in some superior rating. He shall make monthly returns to his immediate commander of the state of his crew, according to form No. -----.

Article 163. He shall, when it can be done without great inconvenience, cause recruits, when they first join the vessel, to be exercised at quarters daily; and the whole ship's company shall, at all times, be exercised at quarters, as often as it can be done without neglecting other indispensable duties. Great pains must be taken, in the first instance, to instruct the men in the minutest details of their exercise, giving each necessary word of command according to the form annexed, marked -----; but as they become well acquainted with their duties in this respect, the words of command shall be diminished, until the men are able to perform their exercise in a perfect manner, with no other words of command than one from the captain of the gun to "fire."

Article 164. The petty officers and crews of vessels shall be instructed, successively, by their divisions at quarters, in the simplest modes of loading and firing small arms, and forming lines, and in the use of the cutlass and pike; and the various modes of boarding a vessel, or of defending her against boarders. Great pains must be taken to render them skillful in these duties.

Article 165. The men at quarters shall be arranged in divisions under the charge of particular officers, from whom the commander shall require that everything appertaining to the division shall be kept in the most perfect order, that the men are duly instructed in their exercises, and that their clothing is carefully and neatly preserved.

Article 166. The men shall not be allowed to sell, exchange, or in any manner dispose of, clothing or necessaries, without special permission; and, as far as possible, all traffic, which may require them to draw additional supplies from the purser, shall be prevented.

Article 167. He shall give due encouragement to such persons as may distinguish themselves by meritorious behavior, and shall correct, or report, those who may be guilty of misconduct. He, alone, shall order corporeal punishment to be inflicted; and, when public punishment shall be necessary, the officers and men shall be present, and the offence and circumstances shall be made known before punishment is inflicted.

Article 168. He will conform to the spirit of the law, and never allow any individual to be punished with more than twelve lashes for any offence or offences committed at the same time; nor shall he order or permit any petty officer to be flogged, unless by sentence of a court-martial. He shall make reports, quarterly, according to the form annexed, marked -----, to the commander of the fleet, squadron, or division, to be by him transmitted, through the proper channel, to the Secretary of the Navy, of all punishments which are inflicted on board the vessels under his command, stating the offence and the nature of the punishment, with such explanatory remarks as he may think proper to make.

Article 169. When in the ports of the United States, he shall transmit, through the proper channel, to the Secretary of the Navy, monthly reports of all persons who have been received on board, or who may have died, been discharged or deserted from the vessel under his command, within that period. When on a foreign station, similar reports shall be made to the commander of the fleet or squadron. These reports shall be made in forms — of the appendix.

Article 170. He may cause to be expended, in firing at a target, in each of the first six months after receiving a new crew on board, not exceeding as many cartridges and round shot as shall amount to a full broadside, and twenty rounds of musket-ball cartridges for each man exercised in the use of small arms, and the same quantity for every three months thereafter, while the vessel is in commission. When possible, the target shall be so placed that the cannon shot may be recovered.

Article 171. He is to encourage the officers under his command to improve themselves in every branch of nautical science and to require the lieutenants, master, master's mates, and midshipmen, to keep regular journals, as per form marked -----, and to present them for inspection on the 1st and 15th of every month. He must require them to observe the latitude, and to make observations and calculations for determining the longitude and variation of the compass, at all convenient times; and whenever the vessel visits a port, he will require them to fill forms similar to that of the remark book, marked -----, as far as it can be done, and illustrate their remarks by charts, plans, and views, according to their abilities.

Article 172. He is required to make himself acquainted with the localities of every port or harbor which he may visit, unless objected to by the authorities of the place, and to enter the information he may obtain in a remark book, as per form annexed, marked -----, or to state therein satisfactory reasons for the omission.

Article 173. He will transmit through the proper channel to the Secretary of the Navy, by safe opportunities, his own remark book, and those of such of the other officers as may request it, with such further information, charts, plans, or views as he or they may be able to furnish.

Article 174. When a commander is removed from one vessel to another, being in the same port, he may, by express permission from the Secretary of the Navy or the commander-in-chief of the squadron, and not otherwise, take with him a number of men not exceeding a fifteenth of the complement of the vessel which he leaves, of whom one-fifth may be petty officers; but they shall be replaced by an equal number, of the same rates and quality, from the vessel to which he is removed. He may take with him his clerk, steward, servants, and cook, without such permission. 

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Article 115. He shall deliver, to the officer appointed to succeed him in command, all signals, and the originals or attested copies of all unexecuted orders which he may have received.

Article 176. He shall leave with his successor in command a complete muster hook, pay and receipt hook, and expense book, duly audited and signed by him to the time of his resigning his command; and he shall examine, sign, and forward to the proper officer, all accounts and books which may be necessary for passing the accounts of the officers of the vessel.

Article 177. He shall leave with his successor a report of the qualities of the vessel, according to the form marked — in the appendix, together with every other information which he may deem serviceable to her commander; and he shall forward a similar report to the Navy Commissioners, whenever he is removed from or resigns the command of a vessel.

Article 178. Women are not to be taken to sea, from the United States, in any vessel of the navy, without permission from the Secretary of the Navy, or, when on foreign service, without the permission of the commander-in-chief of the fleet or squadron.

Article 179. When directed to cruise, he is to keep the sea the time required by his orders, or produce satisfactory reasons for acting to the contrary.

Article 180. He is not to go into any port but such as may be designated in his instructions, unless from necessity, and then to make no unnecessary stay.

Article 181. In time of war, or appearance thereof, he shall give convoy to vessels of the United States, or others entitled to his protection, bound the same way as himself, when it can be done without deviation from his orders or improper detention of his vessel.

Article 182. Should a vessel be separated from a fleet or squadron to which it belongs, the commander must show, in the most satisfactory manner, that such separation was not caused by any neglect of his, and that he had complied strictly with all instructions which may have been given for his government, in case of such separation.

Article 183. He shall facilitate any examination which it may be the duty of any custom house officer of the United States to make on board the vessel he commands; and he shall not permit any person under his command to take on board, or land, for sale, any article to the injury of the revenue of the United States or any other nation.

Article 184. The commander of a vessel, having on board a superior officer in command, is, on all occasions of general duty, to consult his wishes and follow his directions; and no formal punishment shall be inflicted, or general exercise ordered, without his knowledge and approbation.

Article 185. He shall, when not acting under the orders of a superior officer, be governed by the regulations for the commander-in-chief, so far as they may be applicable.

Article 186. He shall cause some competent person among the petty officers, or persons of inferior rating, to instruct the boys of the ship in reading, writing, and ciphering; and shall not permit any boy who shall have been shipped to serve until he is twenty-one years of age, to act as a waiter upon any person, but shall take great pains to have them so instructed in the duties of the service as to best qualify them for becoming good petty officers.

Preservation of the ship.

Article 187. He shall not permit the two officers next in rank to himself to be absent from the ship, on leave, at the same time, nor shall he allow more than one-third of the sea officers to be absent, except on duty, nor grant leave of absence to any officer, when it will retard the public service.

Article 188. He shall, at all times, require the presence of a lieutenant upon deck, unless the number attached to the vessel shall be less than three; when, if he deem it expedient and safe, he may direct some other officer to take charge of the deck, so as to increase the number of officers, having charge of a watch, to three.

Article 189. He shall keep a liberty book, in which shall be entered the name of every person to whom permission may be given to absent himself from the ship, with the time for which the leave may be granted, and the time of leaving and returning to the ship, and by whom the leave was granted, as per form.

Article 190. When the number of lieutenants shall be greater than four, besides the executive officer, they shall be arranged in four watches, placing the junior lieutenant with the senior having charge of a watch, the next junior with the next senior, and in that manner until the whole are arranged.

Article 191. When two lieutenants are in the same watch, the senior shall have charge of the watch at night, and the junior be stationed on the forecastle; but in the day the junior shall carry on the duty, under the supervision of the senior, unless the commander should think proper to direct otherwise.

Article 192. When standing towards the land, he shall have the hand leads used whenever the ship is in less than twenty-five fathoms water.

Article 193. When going into any port or harbor, or approaching shoals or rocks, whether with or without a pilot, he shall cause regular soundings to be taken.

Article 194. Upon all occasions of anchoring, he is, if possible, to select a safe berth, and have the depth of water and quality of ground examined for at least three cables' length round his vessel, in places that are not well known, or where he is a stranger.

Article 195. He shall take care that the conductors are, at all times, ready for service.

Article 196. He shall have the temperament of the air and water tried, every four hours, when at sea, and oftener when approaching or leaving soundings, and record it in the log book, in the proper column.

Article 197. The commander of a vessel must be particularly careful in guarding against accident from fire. He will not permit lights or fires in any part of the vessel, except when absolutely necessary, and then only under the special care of some person.

Article 198. No person must be permitted to read in bed by the light of a lamp or candle; and no smoking must be permitted, except at or forward of the galley, or in the captain's cabin.

Article 199. The spirit room is never to be opened, nor spirits drawn off, except in the daytime, unless in cases of extreme necessity, and never except in the presence of an officer, and lights must never be taken into the spirit room to draw off spirits.

Article 200. All lights and fires are to be extinguished, and all other proper precautions to be taken to guard against accidents, when it is necessary to receive, discharge, or remove powder, or to open the

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magazine; which is never to be done without the knowledge and consent of the commanding officer for the time being.

Article 201. He shall be attentive to keep the vessel well caulked, particularly about the belts, waterways, and other parts liable to be strained, as her preservation depends materially upon her being kept tight.

Article 202. He shall direct officers, who may be sent to board a vessel, to ascertain if the state of such vessel would expose persons visiting her to quarantine; and the officer shall not, except in cases of necessity, allow any such communication as would require quarantine, without orders from his commander. And should any vessel of the navy have had any communication, or visited any port, or have any disease on board which would require quarantine, it shall be the duty of her commander to have a yellow flag hoisted, to warn others against improper communication with her.

Article 203. In cases of shipwreck, (or any other disaster whereby the ship may be lost,) he, with the officers and men, shall stay by her as long as possible, and save all they can. He shall particularly endeavor to save the muster, pay, and receipt books, and slop books, and take special care to destroy, or carefully preserve, all signals, secret orders or instructions, to prevent their falling into improper hands; and he will take care to preserve discipline, and prevent any irregularities which might give just cause of offence to the inhabitants of the country where he may be.

Article 204. He shall, in case of shipwreck without the United States, lose no time in returning to the fleet or squadron to which he may belong, or, if acting alone, to the United States, with his officers and crew; to effect which, he may dispose of the property saved, or draw bills, as he may deem most advantageous to the public interests. If within the United States, he shall repair to the nearest navy yard or station.

Article 205. Should a commander be compelled to strike his flag to an enemy, he is to take special care to destroy all signals or other papers, the possession of which, by an enemy, might be injurious to the United States, and he will keep them so prepared, with weights attached to them, that they will sink immediately on being thrown overboard.

Preservation of the men.

Article 206. Before a crew is received on board a vessel, when first commissioned, she shall be as perfectly cleansed and dried as circumstances will permit.

Article 207. As cleanliness, dryness, and pure air are essentially conducive to health, the commander of a vessel is to use his utmost endeavors to ensure them to the ship's company in the most extensive degree. He shall not suffer the men to sleep in wet clothes or bedding, or to take them below the gun deck, when it can be avoided.

Article 208. He shall cause the decks to be frequently washed, or otherwise cleansed, having proper reference to the state of the weather; taking care to have those decks where the men sleep as thoroughly dried as possible, before the men are permitted to take their bedding below.

Article 209. He shall cause the bedding and clothing of the crew to be opened, dried, and cleansed, as often as once a fortnight, when the weather will permit.

Article 210. He shall not allow the men to sleep about the decks, or in situations where they will be exposed to night dews.

Article 211. He shall cause the men to bathe, or wash themselves, frequently, when the weather is warm.

Article 212. He shall require the men to wear flannel next to their skin, at all times when, in the opinion of the surgeon, it may be beneficial to their health, and to wear thick outside jackets when upon deck in the night.

Article 213. He shall take care that the boats' crews have their breakfasts before leaving the vessel, and their other meals at the usual times, except special duties shall prevent it.

Article 214. He shall not allow boats to be detained on shore for officers after the setting of the watch, unless the officers are upon duty.

Article 215. He shall prevent all unnecessary exposure of those under his command, which may tend to produce disease.

Article 216. He shall adopt suitable precautions to prevent the use of improper quantities of fruit, or of other articles which may endanger the health of the crew.

Article 217. He will order, in writing, such quantities of clothing and necessaries, and such only, as may be required for the health and comfort of the men, to be issued by the purser; but he will limit the quantity to mere necessaries, when the men are indebted to the United States.

Article 218. He shall not allow water to be drank, or otherwise used, until the mud and other impurities it may contain shall have time to settle, and in no case allow the immediate use of water taken from alongside the vessel.

Article 219. He shall cause a sufficient quantity of water to be delivered to the cook, to dress the vegetable part of the ration, even when on allowance, except in time of extreme scarcity; and the men shall not be placed on a daily allowance less than one gallon, unless the commander should deem the interest of the service to require it.

Article 220. He may cause fresh meat and vegetables to be issued to the crew not exceeding three days in a week, unless the surgeon may think it necessary to their health to issue it more frequently.

Article 221. He shall endeavor to induce the men under his command to voluntarily relinquish the spirit part of their ration, provided they will relinquish it for the whole cruise, and may withhold it, without their consent, from all persons who may be guilty of drunkenness. He will direct the purser to keep an account of spirits which may be thus relinquished or withheld, and to pay for the same at the price which may be established for it in the ration, either at their discharge, or at such other times as he may think will secure to the men the greatest benefit. Spirituous or intoxicating liquors are prohibited from being sold on board any vessel of the navy, or in any navy yard. He shall cause the allowance of spirits to be mixed with water before it is issued.

Article 222. He will cause every attention to be paid to the comfort of the sick and wounded, by the surgeons and others, and to take care that proper persons be appointed to attend upon them.

Article 223. He will require daily reports of the state of the sick from the surgeon; and his opinion of the best means of preserving or restoring health, whenever he may think proper.

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Article 224. He shall not send men to any hospital, unless absolutely necessary, and with the approbation of the senior officer in command, and then their accounts shall be sent with them; and all men so sent are to be borne on the ship's books, until she is ready for sea, or paid off; at which time, all such as, in the opinion of the surgeon, are in a state to rejoin their vessel, shall repair on board, and those left in the hospital shall be discharged from the ship's books to the hospital.

Preservation of the stores.

Article 225. The commander of a vessel, when she is first equipped, shall be furnished, by the commandant of the yard, with inventories of all the articles belonging to the different departments of the vessel, and he is, thereafter, to keep accurate accounts of all expenses incurred for the vessel in the different departments, and shall make quarterly returns to the commander of the division, squadron, or fleet, in the form annexed, and marked -----, so that the actual expense of each vessel may be correctly ascertained.

Article 226. He shall cause a regular and strict account of the receipts and expenditures of all articles of provisions and stores to be kept, and, after satisfying himself of their correctness, have the same entered, monthly, in a general abstract expense book, and he shall, whenever the quantity of any article will allow it to be done, without great inconvenience, ascertain and note if the quantity actually on board corresponds with the quantity shown by the expense books.

Article 227. He shall examine all returns of expenditures, all requisitions for supplies, and all accounts rendered against the vessel, and, on being satisfied of their correctness, shall approve the same.

Article 228. In making requisitions for stores, he should, unless otherwise specially authorized, only require the articles which may be necessary to complete such quantities as are or may be established as the allowance for the vessel, and the requisition shall state that it is so made.

Article 229. He shall use the utmost economy and care in everything which relates to the expenses of the vessel or the public service, and shall require from all those under his command a rigid compliance with the regulations for the receipt, conversion, and expenditure of stores of every description.

Article 230. Should it become necessary to cut or slip a cable, or should a vessel part one, the commander, or, if he cannot, the senior officer present, shall use every exertion to recover it; but should neither have an opportunity, such information must be forwarded to the Navy Commissioners, or the nearest public agent of the United States, as may best enable them to have it done.

Article 231. When a vessel is to be placed in ordinary, he shall, after a survey which shall be made upon the different articles, cause all her stores to be safely delivered to the proper officer of the navy yard, well tallied and properly marked, and shall transmit to the commandant of the yard the general expense book, duly approved by himself, up to the date of its transmission.

CHAPTER X.—EXECUTIVE OFFICER.

Article 232. The sea officer next in rank to the commander of a vessel is to be considered the executive officer.

Article 233. He shall, under the direction of the commander of the vessel, have the superintendence of the general duties to be performed, and of the police of the vessel.

Article 234. He shall take care that the quarter watch and station bills are kept complete, according to the orders which he may receive from the commander; that each of the officers provide themselves with copies of those connected with their own stations, and that the whole of the internal regulations of the vessel are so disposed, that all persons may readily refer to them for information.

Article 235. He shall examine the ship daily, and report to the commander when she is ready for his inspection.

Article 236. He shall, at the setting of the watch in the evening, wait upon the commander, and receive his orders, and, after receiving them, shall communicate them to the proper officers.

Article 237. He shall, under the direction of the commander, control the expenditure of all stores (surgeons, pursers, and marine officers' excepted), and examine weekly the reports of receipts and expenditures, and upon being satisfied of their correctness, will approve the reports, and hand them to the commander of the vessel.

Article 238. He shall require from the master, boatswain, gunner, carpenter, and sailmaker, reports of the state of the vessel in their respective departments, at the setting of the watch in the evening, and at 8 o'clock in the morning.

Article 239. He shall require of the different officers that they perform their respective duties in strict conformity with any regulations which may be established to secure uniformity in their execution.

Article 240. He shall have charge of the deck whenever the ship is getting under way or coming to an anchor, or when all hands are called for any general exercise, or to perform particular duties, unless the commander shall otherwise direct.

Article 241. He shall immediately report to the commander any defect or deficiency which he may discover, and that may, in any manner, endanger the safety, or impair the efficiency, of the vessel.

Article 242. He shall have charge of the keys of the cisterns and storerooms.

Article 243. He shall never absent himself from the vessel, without the previous approbation of the commander.

Article 244. He shall not be required to keep a watch, unless the number of commissioned sea officers on board, and fit for duty, shall be less than three.

Article 245. His station in time of action shall be upon the upper deck, unless peculiar circumstances should, in the opinion of the commander, require his presence in some other part of the vessel.

CHAPTER XI.—LIEUTENANTS.

Section 1. Article 246. Lieutenants are to be constantly attentive to their duties, and to obey, with promptitude, all orders which they may receive from their superiors.

Article 247. Lieutenants shall conform, as nearly as possible, to the practice of the executive officer in the performance of duties, when there is no particular regulation upon the subject.

Article 248. When called on board the ship of the commander of the fleet or squadron, by signal, or when they shall be sent on board to receive orders, they are to take with them order books, and insert therein the orders which they may receive.

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Article 249. The senior lieutenant who may be present in the ward room will be careful to check and suppress any improper conduct that may lead to a violation of the discipline of the service, or disturb the harmony of the officers and crew.

Officers of the watch.

Section 2. Article 250. When an officer has charge of a watch, he is not to leave the deck unless regularly relieved. He is to see that the officers and men are alert, and attentive to their duty; that every precaution is taken to prevent accidents; that the ship is properly steered, the sails properly set and trimmed, the log regularly hove, and all necessary remarks duly entered upon the log slate, which he shall examine and sign at the expiration of his watch.

Article 251. He shall inform the captain of all strange sails that are seen, all appearances of danger, all signals that are made, all changes in the sails or movements of the ship of the commander of the fleet or squadron, and of all circumstances which may alter the relative position of the vessels of the fleet, or prevent the ship from steering the course ordered.

Article 252. He is never to change the course, nor increase or diminish the sails of the vessel, without authority from the captain, except to avoid some immediate danger.

Article 253. He is to direct some careful officer to look out for signals, particularly from the commander of the fleet or squadron; but he is not to answer any signal until he is certain that he sees it distinctly, and understands the purpose for which it was made.

Article 254. He is not to make any signal, by day or night, without orders from his commander, unless to warn vessels from some danger; but he will, at all times, see that everything is in readiness, should they be required.

Article 255. He is to be very particular to inform the officer who relieves him of all unexecuted orders which he may have received, of all signals which remain to be executed, of the position of the commander of the fleet or squadron, and give him all such other information as may be necessary or serviceable to him in keeping the vessel in her proper station.

Article 256. He shall take care that a strict and accurate account is taken of all stores received on board during his watch, and see that they are delivered to the proper officer, and that the number or quantity is entered upon the log slate.

CHAPTER XII.—THE MASTER.

Article 257. The master, or officer appointed to perform his duties, will, if ordered to a vessel before her stowage is commenced, superintend, under the direction of the commandant of the yard, or commander of the vessel, if commissioned, the stowing of the ballast, water, provisions, and all other articles in the hold and spirit room.

Article 258. When the stowage of the hold shall be completed, he shall enter in the log book a particular account of the manner in which it was done, specifying the quantity and disposition of the ballast, and the number, size, and disposition of the tanks and casks, and shall annex a plan of the same to the log book.

Article 259. He is to visit the hold and cable tiers very frequently, and see that they are kept in good order, and as clean as circumstances will admit.

Article 260. He is to have charge of the keys of the hold and spirit room, and shall only deliver them to a commission or warrant officer.

Article 261. He is, under the direction of the commander or executive officer, to see that the cables are at all times properly secured and protected from injuries; that the tiers are kept clear; and that all necessary arrangements are made for anchoring, mooring, unmooring, or getting under way, with the greatest facility and dispatch.

Article 262. He is, in the same manner, to see that the standing and running rigging, and the sails of the vessel, are at all times in good order, protected from injury, and ready for service, and to report all such as may require alteration or repairs.

Article 263. He is to be particularly careful to prevent any waste or improper expenditure of fuel and water; and he is to report daily to the captain the quantity of water expended for the last twenty-four hours, and the quantity remaining on hand.

Article 264. When the vessel shall be approaching any land or shoals, or entering any port or harbor, he shall be very attentive to the soundings; and he shall, at all times, inform the commander of any danger to which he may think the vessel exposed.

Article 265. He shall examine the charts of all coasts which the vessel may visit, and note upon them any errors which he may discover, and inform the commander of the same, that he may, if he thinks them sufficiently important, transmit them to the Navy Department.

Article 266. He shall frequently examine the compasses, time glasses, log and lead lines, and keep them in proper order for service.

Article 267. He is to have charge of, and must account for, all nautical books, instruments, charts, national flags, and signals belonging to the ship.

Article 268. He shall have charge of keeping the ship's log book, and see that all required particulars are duly entered in it; and he shall immediately afterwards send it to the lieutenants, that they may sign their names at the end of the remarks in their respective watches, while the circumstances are fresh in their memories, and he shall then take it to the commander for his inspection.

Article 269. There shall be entered on the log slate and log book, with minute exactness, the following particulars:

First The direction of the wind, state of the weather, courses steered, and distances sailed; time when any particular evolution or service was performed; the numbers of all signals made, the time when, by whom, and to whom they were made; the nature and extent of all public punishments inflicted, with the name and crime of the offender; the result of all observations made to find the ship's place, and all dangers discovered in navigation.

Second. The loss of or serious injury to boats, spars, sails, rigging, or stores of any kind, with the circumstances under which it happened.

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Third. A particular account of all stores received, with their marks, contents, or quantities; from whom received, or by whom furnished, and the department for which they were received.

Fourth. A particular account of all stores condemned by survey, or converted to any other purpose than that for which they were originally intended.

Fifth. A particular account of all stores lent, or otherwise sent out of the vessel, and by what authority it was done.

Sixth. The marks and numbers of every cask or bale which, on being opened, is found to contain less than is specified by the invoice or than it ought to contain, with the deficiency found.

Seventh. Every alteration made in the allowances of provisions, and by whose orders.

Eighth. The employment of any hired vessel, her dimensions or tonnage, the name of the master or owner, the number of her crew, how or for what purpose employed, by whose order, and the reasons for her employment.

Ninth. The vessel's draught of water when light, and afterwards when taking in articles; the draught after the receipt of every hundred tons in ships of the line, of every fifty tons in frigates, and every twenty-five tons in sloops-of-war; and, immediately before going to sea and upon arriving in port, the draught forward and aft, and the height of the forward part of the forward port still, after part of after port sill, and centre of centre port sill, from the water.

Article 270. He will make the entries of the receipt, conversion, loss, or expenditure of stores, after they shall have been examined by the officers who are to have or have had charge of them, who, if the entry is found to be correct, will sign their names at the bottom.

Article 271. After the log book has been signed by the lieutenants, no alteration is to be made therein, unless the lieutenant of the watch in which the alteration is proposed shall be satisfied of its correctness, and with the approbation of the commander. When any alteration is so made, the proper lieutenant shall sign it.

Article 272. The master shall deliver to the commander of the vessel a fair copy of the log book every six months, to be transmitted, by the first opportunity, in a public vessel or by an officer, to the Navy Department. The original log book shall be kept by the vessel until she is paid off, when it shall be transmitted to the Navy Department by the commandant of the yard.

Article 273. Should the master be removed or suspended, he shall sign the log book, and deliver it to his successor, taking his receipt for the same.

CHAPTER XIII.—PURSERS.

Article 274. All articles forming a part of the ration, or taken on board as substitutes for parts of the ration, shall be considered as "provisions."

Article 275. All articles of clothing and bedding, or from which clothing or bedding is made, which shall be taken on board a vessel for the use of the officers and crew, shall be considered as "slop clothing."

Article 276. All articles of groceries, not being parts of the ration, and all other articles, not being provisions or slop clothing, taken on board to sell for the convenience and comfort of the crew, shall be considered as "small stores."

Article 277. The purser shall receipt for, charge himself with, and be held accountable for, all money, provisions, slop clothing, and small stores, which shall be placed in his charge for the public service, or for the use of persons employed in the navy.

Article 278. The purser shall report to the commanding officer any articles which may be received in his department that he may think of improper quality, deficient in quantity, or requiring additional means for their preservation.

Article 279. The purser shall make all necessary requisitions for money, and for articles of provisions, slop clothing, and small stores; but such requisitions shall at all times be subject to the revision and approval of the commander of the vessel and of the senior officer present in command, who shall regulate the quantities of small stores with reference to the proposed service of the vessel, so as to secure the greatest advantage to the crew.

Article 280. The purser shall be charged with slop clothing at its cost, as delivered in the navy yard, and shall issue it to the crew at an advance of five per centum, and no more. He shall be credited with the amount of his issues after deducting- the five per centum above named, which is to be retained for the United States, to cover the expense of transportation and risk of loss. Should there be any deficiency of slop clothing in the settlement of his account, for which he cannot account by regular surveys, or, when no surveys could be held, by other proof satisfactory to the Secretary of the Navy, he shall be charged with the same, at cost.

Article 281. He shall be charged with all articles of provisions, and be credited with all issues according to the muster letters of the muster books; and as these letters include the whole of one ration for each person on board, he is, if credited in the settlement of his accounts with money paid for stopped rations, to be charged with such rations as provisions, in addition to the provisions received from other sources. Seven per centum may be allowed as wastage and leakage upon provisions, (should any deficiency be found not accounted for in the settlement of his account,) without charging him for the same; but he shall be charged with any deficiency not accounted for by survey, beyond seven per centum upon the quantity received, at the prices which are, or may be, established for the component parts of the ration.

Article 282. He shall be charged with small stores at their net cost as delivered at the navy yard, and shall charge the same, when issued, at an advance of five per centum, and no more; which five per centum shall be retained for the United States: and the purser shall be credited for the remainder of the issues in the settlement of his accounts, and he shall not be charged with any deficiency or loss, unless it shall exceed ten per centum, and then such excess shall be charged at cost.

Article 283. He shall not be allowed any credit for, or take to his own use, or in any manner dispose of for his own benefit, any provisions, slop clothing, or small stores; and should there be at any time any excess of any of these articles in his possession, beyond what he shall be required to account for, they shall be considered as belonging to the United States.

Article 284. He shall prepare lists of all the articles of slop clothing and small stores, with their cost, and the prices at which they are to be issued, placed opposite to each; which list, when approved

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by the commander, shall be hung up in some public part of the vessel, so that all persons may have free access to it for information.

Article 285. He shall only issue slop clothing and small stores in such quantities, and at such times, as shall be directed in writing by the commanding officer; and all issues shall be made and receipted for at the time, in the presence of a commission or warrant officer, and be witnessed by him.

Article 286. He shall, before leaving the United States, make out, sign, and deliver to the commander, to be forwarded to the Navy Commissioners and to the Fourth Auditor of the Treasury, duplicate copies of invoices containing the prices and quantities of all articles of provisions, slop clothing, and small stores received on board.

Article 287. He shall make up quarterly, to the last day of March, June, September, and December, similar copies of invoices of all articles which he may have subsequently received within that quarter, and abstract statements, according to form -----, of provisions, slop clothing, and small stores, showing the quantities on hand at the commencement of the quarter, the receipts and expenditures during the quarter, and the quantity remaining on hand at its close, and shall hand the same, in duplicate, to the commander, to be forwarded, by the first safe opportunity, to the Navy Commissioners and Fourth Auditor of the Treasury.

Article 288. No slop clothing is ever to be purchased upon the ground that the clothing furnished by the United States is of inferior quality, or dearer than may be supplied by purchase upon particular stations, but only when the quantity on board, or upon the station, is absolutely inadequate to the wants of the service.

Article 289. Whenever it shall be absolutely necessary, upon foreign stations, to purchase slop clothing, the articles shall be, as nearly as possible, of the same kind and quality as those furnished by the United States; and no more shall be purchased than shall be sufficient to meet the existing emergency.

Article 290. When slop clothing shall be furnished to the purser, packed in bales for preservation, the bales shall not be opened to ascertain their contents, but the purser shall receipt for them as marked. And as such bales of slop clothing are secured against wet, moths, or vermin, they shall not be opened till it be necessary for making issues to the men; and when thus opened, it shall be in the presence of an officer, and their contents shall be compared with the invoice, and, if found to vary from it, a survey shall be held to authenticate the fact.

Article 291. Slop clothing which shall be condemned by survey as unserviceable, shall not be thrown overboard without a written order from the senior officer in command at the place, but must be turned into some store; and such order, or the receipt of the storekeeper, must be produced before the purser shall receive credit for the same in the settlement of his accounts.

Article 292. If he should at any time receive an order from his commander to supply a person with slop clothing or small stores beyond the amount which is due to him, he shall notify the commander of the fact, and receive his further instructions in writing.

Article 293. There shall be no change in the daily allowance of provisions, except by the written order of the commanding officer.

Article 294. No person shall be allowed to draw more than the established allowance of any particular article of the ration, nor to have any preference in the distribution of the ration.

Article 295. When rations shall have been stopped from the crew, not on account of scarcity, payments shall be made in kind, under the direction of the commanding officer of the" vessel, excepting spirits, which will be paid for in money.

Article 296. He shall, when directed by his commander, pay in money for all stopped rations, or parts of rations which shall have been stopped by his authority, in consequence of scarcity, (excepting always such as shall be stopped by advice of the surgeon,) at the prices which are or may be established for them respectively, and shall preserve the orders for stopping and paying for the same, and the receipts for the payment, as vouchers for the settlement of his provision accounts.

Article 297. He shall forward to the Fourth Auditor of the Treasury, with his quarterly returns, an account of all stopped rations or parts of rations, and of all payments which he may make by proper authority for such stoppages.

Article 298. Provisions, slop clothing, or small stores, in charge of the purser, shall not be lent to another vessel, except by order of the commander of the squadron or senior officer at the place, and they must be accompanied by an invoice, stating the actual cost, as far as practicable. The receipt of the person to whom they are lent must be taken in triplicate, one of which must be sent to the Fourth Auditor of the Treasury by the first safe opportunity.

Article 299. He shall make no payment to any person, nor disburse any of the money placed in his charge by the government or its agents, without the written order or approval of his commander.

Article 300. All payments to the officers and crew upon foreign stations shall be made so as to be of the same value as if made in standard coins of the United States.

Article 301. He shall take care that all receipts for payments, on account of purchases made on foreign stations, shall express whether they were made by bill of exchange, or in what particular coin or currency.

Article 302. He shall pay no officer, on account of pay and subsistence, an amount beyond what may be due at the time, except as provided in the next subsequent article, No. 303, nor any claim for any extra allowance not authorized by the laws or regulations for the government of the navy, without first representing, in writing, to the commander the fact of such overpayment or want of authority; but if, after such representation, the commander shall, in writing, insist upon obedience to his original order, the purser shall make the payment and the commander will be held responsible for the order.

Article 303. The purser may, by authority from the commander of the fleet, squadron, or commander of the vessel, when alone, and when about to leave the United States for a foreign station, advance to the commission and warrant officers, beyond the amount of pay actually due to them, a sum not exceeding four months' pay when bound to the Pacific or Indian oceans, three months' pay when bound to Europe or south of the equator, and two months' pay when bound to other foreign stations, or to the Gulf of Mexico.

Article 304. No purser shall pay over to any administrator or executor any balance of wages which may be due to any person deceased, without orders from the Secretary of the Navy.

Article 305. He shall make weekly reports to the commander of all expenditures of provisions, and monthly reports of other articles in his department, and of the quantity of each kind remaining on board.

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Article 306. Every bill of exchange must be drawn in conformity with such instructions as the Secretary of the Navy may give.

Article 307. He shall keep a muster book which shall contain:

First. A complete list of all the petty officers and persons of inferior ratings, marines excepted, who shall form a part of the vessel's complement.

Second. A list of the commission and warrant officers of the vessel, marine officers excepted, and the schoolmaster and captain's clerk.

Third. A list of the marine officers and private marines, the officers being placed first and detached from the others.

Fourth. A list of flag officers, or officers commanding squadrons, with the officers' secretaries, clerks, and servants forming their retinue, the domestics being arranged after and separate from the officers. Fifth. Other supernumeraries for pay and provisions.

Sixth. Supernumeraries for provisions only; and the persons on each list are to be numbered in order, 1, 2, 3, &c.

Article 308. He shall make up quarterly, to the last day of March, June, September, and December, a complete quarterly muster book, and a pay and receipt book, (as per form,) showing fully and accurately the state of every person's account at those dates, which receipt book shall be duly receipted by all persons to whom payments may have been made, and be approved by the commander of the vessel, and shall be forwarded by him to the Secretary of the Navy by the first safe opportunity. The pages of the pay and receipt book shall contain the same names, and in the same order as they stand on the muster book.

Article 309. He shall, in his accounts, make separate and distinct statements of the amounts which he may pay to the officers and crew in "money," in "slop clothing," and in "small stores," and shall keep his books and accounts, and make his returns, in conformity with the regulations of the navy, and with such instructions as he may receive from the Treasury Department through the Secretary of the Navy.

Article 310. He shall credit the United States and charge himself with the actual proceeds of all bills of exchange that he may draw, or with which he may be furnished for the public service.

Article 311. No purser shall take on board, nor be allowed to sell to any person belonging to the navy, or to others, any article of slop clothing or small stores for his own private account or benefit.

Article 312. He shall take charge of all dead men's and deserters' clothes and effects, and either preserve the same for their legal representatives or dispose of them at public auction, as the commander may direct. When such clothing shall be sold at auction, he may be allowed five per centum upon the amount of sales, as a compensation for his trouble.

Article 313. The ordinary distribution of the daily allowance of provisions for fourteen successive days, and the prices for the different articles according to which the quantity of substitutes, and the prices for stopped or relinquished parts of the allowance, are to be regulated, are shown in table -----, of the appendix.

CHAPTER XIV.—SURGEON OF THE FLEET.

Article 314. When a surgeon shall be appointed to act as surgeon of the fleet, he shall be attached to such vessel as the commander-in-chief of the fleet or squadron may direct.

Article 315. His duties shall be to inspect the practice of all the surgeons or persons acting as such in the fleet, and to report to the commander-in-chief any errors or neglects which he may discover; to examine and certify as to the necessity of their requisitions and correctness of their accounts; and to suggest to the commander-in-chief and commanders of vessels the most proper measures for preventing or checking disease, or promoting the comfort of the sick.

Article 316. He shall, when practicable, make weekly reports to the commander-in-chief, specifying those vessels which may appear, from the state of health of their crews, least fit for active service, or most in want of refreshments.

Article 317. He shall keep a journal, according to the form annexed, and marked -----, and shall

inspect the journals kept by the several surgeons in the fleet, and make such remarks upon them as he may deem proper, and transmit the same, with his own, to the commander-in-chief, to be by him transmitted to the Secretary of the Navy, semi-annually, on the 1st of January and 1st of July, and at the expiration of the cruise.

CHAPTER XV.—SURGEONS.

Article 318. The surgeon will, on joining a vessel, navy yard, or hospital, take charge of, receipt for, and be held accountable for all medicines, surgical instruments, and hospital stores belonging to it.

Article 319. He shall conform to the regulations, and such allowances of medicines, instruments, and stores as are or may be established, when making requisitions, unless there should be some special cause for varying from them, and then such cause shall be stated upon the requisition.

Article 320. He shall take care that all articles in his department are faithfully applied to the purposes for which they were intended, and that no part of them is wasted or embezzled.

Article 321. He shall keep a regular account of receipts and expenditures in his department, according to such forms as have been or may be prescribed, and shall make weekly reports, of hospital stores expended and on hand, to his commander.

Article 322. He will be allowed to his exclusive use, when it can be done, a convenient store room for the preservation of articles in his charge.

Article 323. He shall be extremely attentive to the cleanliness of the sick, and of their bedding and sick bay, and shall take special care that they are supplied, at proper times, with the medicines and food which their situation may require.

Article 324. He shall visit the sick at least twice every day, and oftener when necessary. When he shall consider it desirable to supply any sick person with hospital stores instead of his ration, he shall inform the purser daily, that he may stop the ration, and carry the amount to the credit of the navy hospital fund.

Article 325. He shall report to the commander, daily, the names and situation of the sick, according to the form annexed and marked ----- , and may, at the same time, suggest any measures to the commander which he may deem important to the health of the crew.

Article 326. He shall deposit daily, in the binnacle, a list of every officer, or other person, whose

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situation requires that they should he excused from duty, or whose allowance of spirits should be stopped.

Article 327. He shall take all possible precautions to prevent the introduction or progress of contagious diseases, and make immediate report to the commander of any probable danger from, or the appearance of, any such disease.

Article 328. He shall particularly examine the crew upon their first joining the vessel, to ascertain if they have had the small-pox or kine-pox; and if any shall be found who have not, he shall make immediate report to the commander, that they may be vaccinated as soon as practicable.

Article 329. He will, upon application to the commander, be allowed, besides the assistant surgeons, a steward and other proper persons, to assist in the preparation and distribution of articles for the nourishment of the sick, and to perform such other services for their comfort as he may direct.

Article 330. He shall at all times be prepared with everything necessary for the relief of wounded men. He shall cause a sufficient number of tourniquets to be distributed to the officers in different parts of the ship, upon the probability of an engagement; and he shall instruct all persons stationed with him, and such others as may be directed, in the proper mode of using them.

Article 331. He shall cause all sick persons who may be sent to a hospital, or hospital vessel, to be accompanied by a medical person, and shall send with him a statement of their diseases, and the treat[ment] they have received. A list of their clothing and effects shall also be sent with them, according to form annexed and marked -----.

Article 332. He shall frequently examine the provisions and spirits issued to the men, and cause the assistant surgeons to inspect and report the state of the galley daily.

Article 333. He shall keep, or cause his assistant to keep, a journal, according to the form annexed and marked -----, which shall show the state of the weather, a list of patients, with their age, rank, disease, treatment and progress of their diseases, remarks on the probable origin of prevailing diseases, topographical observations of the vicinity of anchorages, and such other professional observations as may be productive of benefit to the public service; and he shall also note the number of days any patient was subsisted from the hospital department, instead of drawing his ration from the purser. The journal shall at all times be subject to the inspection of the commander, the surgeon of the fleet, if any such there be, and of such other persons as may be appointed to examine the same; and it shall be forwarded to the Secretary of the Navy, through the proper channel, semi-annually, on the 1st of January and 1st of July, and at the expiration of the cruise, or when the surgeon shall be removed from the vessel, navy, yard, or hospital.

Article 334. He shall, when a ship is placed in ordinary, return into the proper store all articles of which he had the charge, and shall apply to the proper officer for a survey to examine and certify as to the quantity and state of the medicines, stores, and instruments so returned; and should any deficiency of stores or medicines, or any injury to the instruments, be found to exist, the surgeon will be charged with their value, unless he shows clearly that such loss or injury was not owing to his fault or neglect.

Article 335. Whenever any person on board shall receive any wound or injury, which may probably entitle him to make application for a pension, the surgeon shall report the same to the commander, that a proper survey may be held, and certificates granted to such as may be entitled to receive them, stating all the facts of the case and the nature of the injury.

CHAPTER XVI.—ASSISTANT SURGEONS.

Article 336. Assistant surgeons shall perform all professional duties which may be required by the surgeon, and will be unremitted in their attentions to the comfort and cleanliness of the sick, and exact from those under them a rigid performance of their duties.

Article 337. In the absence of the surgeon, the assistant surgeon, oldest in commission, who is never to be absent at the same time, is to perform all the duties of the surgeon.

CHAPTER XVII.—CHAPLAINS.

Article 338. He is to perform divine and funeral services at all times, when required so to do by his commander.

Article 339. He shall be very attentive to the requests of all sick persons who may desire his attendance, and shall, although not requested, visit all such as may be dangerously ill, and offer them such consolation or admonition as they may require.

Article 340. He shall instruct the midshipmen and other persons in such branches of science, relating to their profession, and upon such other subjects as he may understand, whenever he shall be directed by the commander of the vessel.

Article 341. When a person shall be appointed to instruct the boys of the vessel, he shall frequently attend to see that he performs his duty properly, and that the boys attend regularly, and shall report to the commander those who are particularly deserving, and all who may be idle or negligent.

CHAPTER XVIII.—SCHOOLMASTER.

Article 342. He is to give his attendance regularly at such times as shall be directed by his commanding officer, and to instruct the midshipmen and others who may be directed to attend, and report weekly to the commanding officer the attendance which they may give and the proficiency they may make.

CHAPTER XIX.—MIDSHIPMEN.

Article 343. Midshipmen will be respectful and obedient to their superiors, and prompt in the execution of their duties.

Article 344. They shall keep themselves provided with a sextant or quadrant, Bowditch's Treatise upon Navigation, and blank journals.

Article 345. They are daily to ascertain the position of the ship, and send the same to their commander. They are to keep regular journals, as per form marked -----, which they will present to the commander for inspection semi-monthly; and they will, at all times, embrace every opportunity of acquir-

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ing such information, theoretically and practically, as may be applicable to their profession as seamen and officers.

Article 346. Whenever it shall be required of them by their commander, they shall attend regularly to the means of instruction which may be provided for them.

Article 347. They are not to have permission to absent themselves from the ship except upon duty, unless their journals are kept up, and they have copies of the watch, and of the quarter and station bills for their division made out for use, and shall have given proper attention to such means of instruction as shall be provided for them.

Article 348. When midshipmen shall have returned from a cruise, they may have reasonable leave of absence granted them to visit their friends, with instructions, upon its expiration, to report themselves at some one of the navy yards or stations where there shall be persons provided for their instruction; and while they are at such navy yard or station, they shall be considered on duty, and will be required to attend in rotation to such duties as the public service may require; and all those who are not so employed, shall attend regularly to instruction in the theory of their profession, or to such other duties as may be prescribed, until they shall be ordered on other service.

CHAPTER XX.—BOATSWAIN, GUNNER, CARPENTER AND SAILMAKER.

Article 349. They must carefully examine all articles belonging to and all stores received for their respective departments, and see that they are of good quality, that they agree in quantity with the invoice or bill sent with them, and that they are in good order, and must make immediate report to the commander or executive officer of any defect or deficiency which they may discover.

Article 350. They shall make no charge for expenditure or conversion of stores, without a written order from the commander, or such other officer as he may appoint to issue them; and they shall produce such order of the commander, or officer appointed by him to audit their weekly accounts, as vouchers for the expenditures therein charged.

Article 351. They shall lend no stores, except by written order of the commander, which order, together with the receipt of the person to whom the stores were lent, must be produced as vouchers for the expenditure.

Article 352. They shall conform strictly to the length, dimensions, or quantity of articles, which may be prescribed by general regulations, in all their expenditures, unless expressly ordered to vary from them, which order they must preserve as a voucher.

Article 353. They shall, as far as may be possible, expend the oldest stores first, particularly if they are of a perishable nature.

Article 354. They shall request a survey upon all stores which may be injured or become unfit for service, and expend such as the surveying officers may condemn, preserving a copy of the survey as a voucher; but if the survey shall direct them to be converted to some other use, they shall charge themselves with them accordingly, and expend them in the same manner as any other stores.

Article 355. They shall not receive credit for any loss or waste of stores, unless they shall produce regular vouchers or certificates to show that it was not occasioned by their neglect or misconduct.

Article 356. They shall be particularly watchful, and make immediate report to the commander or executive officer, of any neglect or misconduct which they may discover in the yeoman or person having the charge of stores.

Article 357. They shall examine the different parts of the ship which are more immediately under their particular charge, or belonging to their department, and report their condition to the executive officer and officer of the watch at eight o'clock in the evening, and in each morning watch, and make such further examinations and reports as may, at any time, be directed by their superior officers.

Article 358. When a ship is about to be dismantled, they are to be careful that all the articles belonging to their respective departments are properly secured, and tallied with their name, quality, whether "serviceable," "requiring repairs," or "unserviceable," and that all precautions are taken to prevent their being in any manner injured. They will only receive credit according to the receipt given for them by the navy storekeeper, or other person into whose charge they may be delivered, or according to the report of the surveying officers duly appointed; and they will attend to the survey which may be made to ascertain the quantity of stores so returned by them, and will be called upon to account for any deficiency that may be found to exist.

CHAPTER XXI.—COOK.

Article 359. He is to be responsible for the safe keeping and proper distribution of the fresh water, meat, and vegetables which maybe delivered into his charge. He shall receive no meat unless it is properly tallied.

Article 360. He is to have the rations of the ship's company properly cooked, and delivered to the cooks of the messes at such time as may be directed by the commander.

Article 361. He is to see that the boilers and cooking utensils are kept perfectly clean, and shall preserve order and silence about the galley, and report offenders.

CHAPTER XXII.—MASTER-AT-ARMS.

Article 362. He is to exercise the men at small arms, when directed by his commanding officer.

Article 363. He is to see the regulations respecting lights and fires duly enforced, and that no improprieties are committed by the men below.

Article 364. He is to examine all lighters and boats that come to the vessel, and see that no improper articles are brought on board or taken from the ship, and that none of the crew leave her without proper authority.

Article 365. He shall report daily, in writing, to the commander of the vessel, the name and offence of every person confined, how confined, by whose order, and the number of days he has been confined.

CHAPTER XXIII.—SHIP'S CORPORAL.

Article 366. The ship's corporal is to be subordinate to, and assist, the master-at-arms, and to perform his duties when there is no master-at-arms present.

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CHAPTER XXIV.—YEOMAN.

Article 367. The yeoman shall have charge of all stores in the boatswain's, carpenter's, and sail-maker's departments, and all stores in the gunner's department, ammunition excepted.

Article 368. He shall see that the regulations respecting lights are strictly observed, and that every precaution is taken to guard against fire or other accidents; and must never suffer any wines, spirituous liquors, or private stores of any kind to be kept or carried into the store rooms, without written orders to that effect from the commander of the vessel.

Article 369. He shall keep regular accounts, according to the prescribed form, of all receipts, expenditures, conversions, or transfers of stores in their respective departments, specifying the time and place, and the person from whom the articles were received, and to whom and for what purpose they were delivered, and, if converted to other purposes than those for which they were received, by whose order.

Article 370. The yeoman shall not receive more than three-fourths of his pay, until the stores in his charge shall have been examined and found correct, unless ordered by the Secretary of the Navy.

CHAPTER XXV.—FURLOUGHS, AND LEAVE OF ABSENCE.

Article 371. Permission to leave the United States can only be granted by the Secretary of the Navy.

Article 372. Within the United States, leave of absence for a longer time than one week shall only be granted by the Secretary of the Navy, except in cases of great emergency, which must be immediately reported to him.

Article 373. Commanding officers, acting under the immediate orders of the Secretary of the Navy, may, within the United States, grant leave of absence to persons under their command for not exceeding one week, provided it can be done without injury to the public service.

Article 374. Commanders-in-chief of squadrons and commanders of navy yards' or stations, in the United States, shall not leave the limits of their command for a longer period than one week in any successive two months, without the permission of the Secretary of the Navy.

Article 375. Commanders of vessels acting- under the orders of other officers, when in their presence shall grant no permission for any person to be absent after the setting- of the watch, without the sanction of such superior officer; and when alone, shall grant none which may be injurious to the public service, nor for a longer time than forty-eight hours, without having the previous permission of the commander-in-chief.

Article 376. Commanders of fleets or squadrons abroad may grant permission for officers to return to the United States when it shall be duly certified that it is absolutely necessary, on account of their health, or under extraordinary circumstances, when the commander shall be responsible, and shall report to the Secretary of the Navy; but, without such causes, they are not to grant permission when it shall render any new appointment necessary, or otherwise produce any injury to the public service.

CHAPTER XXVI.—PAY AND ALLOWANCES.

Article 377. Allowances will be made for traveling expenses incurred in obedience to any order, or in conformity with any rule or regulation of the navy, except when the person proceeds in a public vessel or conveyance, or returns from a foreign station by permission, without a sick ticket, as provided in article 379, or when an order shall be revoked, or an exchange of situations shall be made at the request of the officer.

Article 378. When travel is performed, as provided in the preceding article, the allowance shall be twelve and a half cents a mile to captains, commanders, and judge advocates, and ten cents a mile to all other commission or warrant officers, or persons having assimilated rank with them; the distances to be computed conformably to the post-office measurement on the route usually traveled. The amount may be advanced by the navy agent or purser on the station, upon the order of the commanding officer, and shall be charged against the pay of the person receiving it until the service shall be performed, and regular accounts, duly approved, be forwarded to the Fourth Auditor of the Treasury.

Article 379. When it shall be certified by the proper surveying officer, to the satisfaction of the commander-in-chief, that a change of climate is indispensable for the preservation of the life of an officer, and no conveyance in a public vessel can be furnished in proper time, half the reasonable expenses incurred by his return to the United States will be allowed by the Secretary of the Navy, on his producing a certificate of the surveying officers, and of the commander-in-chief, that his return was necessary, as above stated.

Article 380. When an officer shall be ordered to join a fleet, squadron, or vessel upon a foreign station, or to return from a foreign station to the United States, and no conveyance shall be provided for him at the public expense, he shall be allowed the amount of his reasonable expenses, upon the presentation of his accounts, duly vouched. The account shall be paid, when due upon a foreign station, upon the order of the commander-in-chief, and, when due upon his return to the United States, upon the order of the Secretary of the Navy.

Article 381. When officers shall be attached to vessels in commission, and are compelled to live in private lodgings, for want of necessary public accommodations, there shall be allowed, as house rent or chamber money, to commanders of fleets or squadrons, six dollars per week; to captains, four dollars per week; to commanders, three dollars per week; to other commissioned officers and persons of equal assimilated rank, two dollars per week; and to warrant officers and others of equal assimilated rank, two dollars per week.

Article 382. When officers shall be employed, or detained at any place as members of or attending upon courts-martial or courts of inquiry, surveys of vessels or stores, or boards for the examination of officers, there shall be allowed to flag officers, captains, and commanders, three dollars per day; to lieutenants, pursers, surgeons, chaplains, and to citizens, two dollars per day; and to all other commission or warrant officers, and persons having equal assimilated rank, one dollar and fifty cents per day; to judge advocates, if not belonging to the navy, ten dollars per day, and, if belonging to the navy, five dollars a day; provided, however, that no such allowance shall be made to any officer composing or attending a court, survey, or board of examination, which may be held at sea, or in any fleet or squadron upon foreign service, nor upon a survey at the place where they may be stationed, and except to judge advocates of courts-martial or courts of inquiry.

Article 383. When officers shall be employed on special duties, not enumerated in the preceding article,

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they shall receive such extra allowance as may be deemed just and proper by the Secretary of the Navy, having regard to the nature and importance of the service, and the expenses to which they may be exposed.

Article 384 There shall be allowed to commanders of squadrons and of all vessels in commission, from the date of their orders to the expiration of their command, in addition to the fixtures specified in the tables of equipment and stores, the following sums, in lieu of cabin furniture, viz: commanders of fleets, squadrons, or divisions, $30 per month; captain of a ship of the line, $25 per month; captain of a frigate, $20 per month; commanders, $15 per month; lieutenant commanding, $10 per month.

Article 385. The fixtures allowed in the tables of equipment and stores, for vessels in commission and for officers' houses in navy yards, must not be varied in number or kind, and they must not exceed the prices therein specified.

Article 386. The commander and other officers of a vessel shall be bound to accept such fixtures as shall be furnished from the navy store, whenever they shall be considered of proper quality by the commandant of the yard; nor shall any such fixtures be surveyed, sold, or replaced, during the cruise, except by the express direction of the commander-in-chief of the fleet or squadron.

Article 387. No articles of furniture, belonging to houses of officers at navy yards or hospitals, shall be replaced without the approbation of the Secretary of the Navy. When an officer takes possession of a house he shall receipt to the navy storekeeper for the furniture belonging to the public, and, when he relinquishes his situation, he must deliver the furniture to the navy storekeeper or to the officer succeeding him, and take his receipt in duplicate, one of which he must transmit to the Secretary of the Navy.

Article 388. The other extra allowances to officers who may be attached to navy yards, or who may be employed at hospitals, rendezvous, or any other established shore station, will be regulated by the annual estimates, as they may be sanctioned by the appropriation of Congress.

Article 389. The pay and allowances of navy agents, which may be designated in the annual estimates, and sanctioned by the appropriation of Congress, shall be deemed a full compensation, in addition to their legal commissions, for any duties which they may be required to perform, and for any disbursements which they may make for any purpose connected with the navy.

Article 390. The extra compensation which is or may be allowed to any commander of a fleet, squadron, or vessel, shall continue from the time of hoisting his flag or pendant until it shall be struck, in conformity with the regulations of the service.

Article 391. Whenever any officer shall be ordered to any navy yard or shore station which may entitle him to any extra allowances, he shall be entitled to them from the time that he actually commences the duties, and shall receive them until his death, suspension, removal, or until he is superseded.

Article 392. Where any person belonging to a vessel shall be fully competent to act as pilot, and shall be employed by his commander to pilot a vessel of the United States out of or into any harbor where pilots are usually employed, in consequence of not being able to obtain a regular pilot, he may be allowed one-half the amount which would have been paid to a pilot of the place for the same service.

Article 393. When it shall be necessary to employ a purser to make purchases of provisions or stores for the public service on a foreign station where there is no consul or regular agent appointed for that purpose, he will be allowed, in the settlement of his accounts, his extra expenses on shore in making the purchases, upon producing the proper vouchers, and a certificate from his commander of having been so employed.

Article 394. When a consul of the United States shall be employed to make purchases or disbursements for the navy, he shall be allowed a commission of two and a half per centum on his disbursements.

Article 395. There shall be allowed to every vessel in commission, and to every navy yard, to constitute a library for the use of. the officers, such books as are, or may hereafter be, designated by the Secretary of the Navy.

Article 396. When officers shall be sick while on duty or under orders, and there shall be no suitable accommodations for them on board some vessel, or at a navy yard or hospital, their necessary expenses, beyond one ration a day, may be paid by the United States; provided that no charge for medical attendance shall be allowed, if there was any naval medical officer near who could have attended him, unless the attendance of another physician shall be required for consultation.

Article 397. When officers and other persons in the navy may have been wounded or hurt in the service, and suitable accommodations cannot be provided for them in some public vessel or hospital, they shall, until cured or pensioned, be entitled to all the advantages enumerated in the preceding article.

Article 398. The necessary funeral expenses of all persons who shall die, while in actual service, will be paid by the Navy Department.

Article 399. When an officer shall be first appointed, his pay shall commence with the date of his first orders to perform, or to report for duty.

Article 400. The pay of an officer shall cease from the day of his death, the date of the acceptance of his letter of resignation, or of the letter of the Secretary of the Navy, notifying him of his dismission from the service.

Article 401. When an officer shall be promoted or appointed to act in a superior rank, his pay shall be increased from the date of his commission or appointment.

Article 402. When an officer shall, from necessity, be appointed to the command of a vessel of greater force than by these regulations he is entitled to command, he shall, notwithstanding, during the actual continuance of such command, receive the pay and emoluments of the rank next above his own.

Article 403. When an officer shall succeed to the command of a vessel by the death or captivity of her commander, he, and those under him whom it may be necessary to order to act in higher stations, shall receive the pay which officers of proper rank would be entitled to receive in the same situations, while they shall be so acting.

Article 404. When passengers shall be received on board any vessel of the United States, at the public expense, by order of or authority from the Secretary of the Navy, there shall be allowed, to compensate the officers who may entertain them for their extra table expenses, such an amount as the President of the United States may deem reasonable and proper.

Article 405. All accounts for traveling expenses, detention on special duty, for cabin furniture, for passages, for chamber money, expenses when sick, or commissions upon purchases, must state distinctly and particularly the services performed or expense incurred, the date, and a copy of the order or permis-

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sion which required or allowed it. They must be signed by the person making the claim, and approved by the immediate commanding officer, and by the senior officer in command in the squadron or upon the station.

Article 406. Commanders of vessels shall not, without authority from the Secretary of the Navy, allow allotment pay tickets to be made for more than half the pay and rations of the person making it. The allotments must be restricted to the families, creditors, or relations of the parties making them. They must be made in duplicate, and one of them forwarded by him to the Fourth Auditor of the Treasury. All allotments must be witnessed by the purser, and be approved by the commander.

CHAPTER XXVII.—CORRESPONDENCE AND REPORTS.

Article 407. All letters which relate to the appointment, promotion, employment, or conduct of officers, the employment of vessels, and the execution of duties under immediate orders from the Secretary of the Navy, are to be addressed "To the Secretary of the Navy."

Article 408. Letters which relate to the construction, defects, repairs, equipment, or to any improvement or alteration of vessels, to supplies of provisions and stores of every kind, and to repairs or improvement of navy yards, or to clerks or mechanics employed therein, are to be addressed "To the Board of Navy Commissioners."

Article 409. Should the same communications be made to the Secretary of the Navy and Navy Commissioners, the person forwarding such duplicates shall state the same in the communication.

Article 410. When doubts exist as to what branch of the department any communication ought to be made, officers will address to that branch from which orders are usually issued upon similar subjects.

Article 411. All communications, reports, or requests, connected with the public service, which shall be made by officers or others belonging to the navy, acting under the orders of other officers, shall be sent open, under cover, to their immediate commander; and if they are intended for, or require transmission to, his superior officer or the Navy Department, he shall forward the same, with such remarks as he may deem proper, to his immediate commanding officer, if any there be, to be acted upon by him or transmitted to the Navy Department, as the case may require, unless the public interest would be hazarded by the delay of transmission in this manner, in which case the communications may be direct; but duplicates shall be forwarded to the proper commanding officer, and information given to him of the deviation from this regulation by the earliest opportunity.

Article 412. Officers, in signing reports, certificates, returns, official letters, or documents of any kind, must annex to their names their official rank.

Article 413. Officers are prohibited from commenting, in their private correspondence, upon the operations of the vessel or squadron to which they may be attached, or from giving any information of their destination or intended operations, as such communications may be published to the injury of the service.

Article 414. Officers must enter, in proper books, copies of all the official letters they may write, and of all orders they may receive, and carefully file and preserve all other official documents.

Article 415. The receipt of all orders or instructions must be immediately acknowledged.

Article 416. Official instructions, and official confidential communications, must not be published without the permission of the Secretary of the Navy, except it may be necessary for the defence of an officer before a court-martial, court of inquiry, or court of law.

Article 417. All official communications to the Navy Department must be written upon paper of the size lodged at the different navy yards as samples for "official paper," and must have a margin of at least one inch and a half wide, so that they may be bound up if necessary; and all such communications must be enclosed in blank envelopes.

Article 418. Letter books, containing copies of all orders given, and the originals of all letters received on public service at the different navy yards and other shore stations, shall be left at those stations, and carefully preserved as records. The commanding officers may, if they think proper, take copies of all orders or letters which they may receive.

CHAPTER XXVIII.—SURVEYS.

Article 419. All applications for surveys on provisions or stores must be made in writing, by the officer having charge of the same, to his immediate commanding officer; and he shall, if serving in a fleet, transmit the same to the commanding officer of the division or squadron to which he belongs, who is to order such surveys to be taken, unless the commander-in-chief shall have otherwise directed. But when officers are not in company with the commander of a division or squadron to which they belong, the applications arc to be transmitted to the senior officer present.

Article 420. Officers who may order surveys will, when practicable, select at least three commission officers for that duty, and of a rank proportioned to the importance of the survey to be held, so that the United States may not be exposed to loss from the inexperience of the surveying officers; and, when it can be done, the officers shall be selected from other vessels than those to which the articles may belong.

Article 421. Surveying officers may call upon the person having charge of the articles to be surveyed, or upon any other person, for information which may assist them in making correct statements upon the subject they may have been directed to investigate; and if any person shall endeavor to deceive the surveying officers by giving false statements, or if the surveying officers shall discover or find reason to suspect any fraud, they shall notice it particularly in their report.

Article 422. The report of officers, directed to survey articles represented to be unfit for service, must specify by whose order the survey was held, each particular article surveyed, the state in which they were found, and the most proper disposition to be made of them; and, if the articles were found to be damaged or of improper quality, their report must further state, if possible, by whom they were furnished, and whether the damage or injury was, or was not, owing to the neglect or misconduct of any, and of what person or persons.

Article 423. When officers are ordered to ascertain the quantity of articles, they are not to take any accounts of them from the officer who has charge of them, unless it shall be impracticable to make a personal examination, or they shall be directed to take the account from him by the person ordering the examination; and when the quantity of articles shall be so taken, it must be particularly noted in their report, with the reasons why it was so taken, and they shall state if any, and what articles are defective.

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Article 424. When a survey is held to ascertain the quantity of articles, and they are found deficient, one report of the survey, duly signed, and made upon the back of or attached to the order, is to be furnished to the officer who requested the survey, another to the commander of the vessel, and a third to the person ordering the survey, to be by him transmitted to the Navy Commissioners; and if the articles were in charge of a purser, a fourth copy must be forwarded to the Fourth Auditor of the Treasury.

Article 425. No stores or provisions are to be thrown overboard, except the surveying officers shall, in their report, represent them as being, in their own opinion and that of the surgeon, dangerous to the health of the ship's company, in which case they shall see that they are thrown overboard before they leave the vessel; but all other articles are to be converted to some other use, or returned into store.

Article 426. If any officer of the navy, having charge of money, provisions, or other stores belonging to the United States, shall die, be removed, or otherwise separated from his vessel or station, so as to render it necessary to appoint another person to perform his duties, it shall be immediately reported by his commander to the senior officer present in command, who shall order, in writing a survey to be held by proper officers, and, when practicable, in presence of the officer who is to succeed to the charge of the articles aforesaid; and the surveying officers shall make out a statement in writing of the amount, quantity, or number of such articles in quadruplicate, and sign the same. The surveying officers shall then transmit these statements, in a report, to the officer ordering the survey, who shall retain one in his own possession, transmit one to the Navy Department, cause one to be lodged with the papers of the person who had previously been in charge of the stores, and transmit the fourth to the person who is about to take charge of them; and such officer shall, upon taking charge of the articles, or entering upon his duties, charge himself with all the articles contained in the report, which shall have been found fit for service, and be held accountable for the same, and his predecessor shall be credited, according to the report of the survey, in the settlement of his accounts.

Article 427. Whenever it shall be represented that the ill health of an officer requires that he should leave any foreign station, the commander-in-chief shall direct a survey to be held upon him by three officers, of whom, if possible, one shall be a captain, and at least two surgeons or assistant surgeons, who shall state their opinion upon his case, and, if they are of opinion that his removal is necessary, shall state the particular disease or complaint which occasions the necessity of such removal.

Article 428. When persons shall be surveyed to ascertain if they are entitled to a pension, the survey shall be made upon a certificate of the commander and surgeon of the vessel in which he sustained the injury, setting forth the circumstances under which it occurred. The surveying officers shall be composed of captains or commanders, with surgeons, not less than three collectively; and the report of the survey must state the nature and extent of the injury, and the opinion of the surveying officers whether it will render him wholly or partially able to contribute to his own support by his labor, and if partially, then to what extent. The certificate of the commander and surgeon, with one copy of the report of survey, must be returned to the officer ordering the survey, to be by him forwarded to the Secretary of the Navy, and a report of the survey given to the person surveyed, to be kept by him.

Article 429. When men shall be represented as unfit to remain in the service, they shall be surveyed as directed in the preceding article, and if they should be found unserviceable, the surveying officers shall, if possible, state whether their disabilities were owing to hurts or diseases contracted whilst they were in the service, or to causes which existed prior to their entry; and if the man should be discharged, he shall be furnished with a copy of the survey.

Article 430. All officers ordered upon surveys are strictly required to perform that duty with the utmost attention and fidelity, and to make their reports with the strictest impartiality, so that, should they be called upon, they may be able, conscientiously, to make oath of their correctness.

Article 431. Copies of all surveys, excepting upon officers and men, which may have been held, with an abstract of the same, shall be forwarded by the commanding officer of fleets, squadrons, or navy yards, to the Board of Navy Commissioners, quarterly, made up to the last days of March, June, September, and December.

Article 432. The quantities of articles must be stated in words at length, and not in figures.

CHAPTER XXIX.—CONVOYS.

Article 433. A commander of a vessel, who shall be appointed to convoy the trade of the United States, shall give the necessary printed or written instructions and signals to the master of each vessel which is to sail under his protection.

Article 434. He shall take a list of the vessels under his convoy, specifying their names and description, the places where bound and to which they belong, the names of their masters, their owners, and supercargoes, if any, and transmit a copy of the same to the Secretary of the Navy, with the date of their joining the convoy.

Article 435. Before he shall take under his convoy any vessel bound to a belligerent port, he shall quire satisfactory proof that there are no articles on board such vessel of a contraband nature, and, without such satisfactory evidence, he shall not be bound to take such vessel under his convoy, or to give her any protection against the other belligerent nation, unless specially directed.

Article 436. Every officer charged with a convoy must be very vigilant in defending it from attack or surprise, and must never weaken the convoying force, by detaching a part in chase beyond signal distance, nor must he separate from the convoy, without such separation shall be the best means of preserving the convoy from an enemy.

Article 437. He shall adopt all possible measures to prevent the separation of the convoy, and may direct such vessels to repeat his signals as he may deem proper.

Article 438. When different convoys shall sail at the same time, or shall meet at sea, they shall sail together so long as their course shall be in the same direction; but the different convoys shall be kept as distinct from each other as circumstances will allow.

Article 439. He will make report to the Secretary of the Navy of the name of any vessel, and of the master, who shall disobey the instructions or signals for the convoy, or leave the convoy without permission, or otherwise misbehave, stating the particulars of his misconduct, so that insurance offices may be informed of the same.

Article 440. Whenever the master of any vessel under convoy shall willfully or repeatedly neglect or refuse to conform to the instructions or signals of the commanding officer of the convoying force, the said commanding officer may refuse him any further protection, and be released from any further responsibility for the safety of the vessel.

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CHAPTER XXX.—ARRESTS AND COURTS-MARTIAL.

Article 441. No officer is to be placed under arrest without authority from the Secretary of the Navy, or the commander-in-chief of a fleet or squadron upon a foreign station. On complaint being made against an officer, or in cases requiring immediate decision, any superior officer may suspend his inferior, and confine him within such limits as the case may require, until the directions of the officer in command of the vessel, or upon the station, or of the Secretary of the Navy, shall be received.

Article 442. Offences of different character shall not be embraced in the same charge; but separate charges shall be made for each offence of different character which may be exhibited.

Article 443. When a court-martial shall be assembled in conformity with the order for convening it, the person ordered to be brought before it for trial shall be introduced before the court. The order for convening the court, and for the appointment of the judge advocate, shall then be read by the judge advocate.

Article 444. A court-martial must not be sworn for the trial of any person except in his presence, and after he shall have had an opportunity to make any legal objection that he may choose to offer, and, when made, not until the court shall have decided upon such objection.

Article 445. The court having been duly sworn, the charges and specifications against the accused shall be read by the judge advocate, and the accused shall then be asked by him if he pleads guilty or not guilty to the charges. If he pleads guilty, the court shall warn him of the consequences, and if he then repeats his plea of guilty, it shall be recorded, and the court shall proceed at once to deliberate and determine upon the sentence. If he pleads not guilty, or stands mute, the court shall then proceed to examine the testimony in the case. The record of the court must state distinctly that these questions were put, and the answers which may be given, and that the court was duly sworn according to law.

Article 446. It shall be the duty of the judge advocate to lay before the court a list of the witnesses which he may intend to produce, with a general statement of the facts expected to be proved by each. He shall then, under the direction and control of the court, proceed to examine the witnesses who have been summoned, on the part of the United States, to support the charge or charges.

Article 447. The examination of a witness having been closed on the part of the United States, he may be cross-examined by the accused, and when the cross-examination shall be closed, the court will then allow any further questions which may be deemed necessary.

Article 448. When the witnesses on the part of the United States shall all have been examined, the witnesses on the part of the accused shall then be examined, and afterwards cross-examined by the judge advocate, and examined by the court in the same manner as those which had been called on the part of the United States. Further examination of witnesses may then be continued, if the accused or the court shall desire it. When the examination of a witness shall be closed, the whole of his testimony shall be read over to him, that he may correct mistakes, if any shall have been made in recording it.

Article 449. Questions to be propounded to a witness shall be reduced to writing, and submitted to the court for their approbation, before they are read to him.

Article 450. Should an objection be made to any proposed question, or to the reception of any testimony, the court shall proceed at once to determine whether it shall or shall not be received, and, if they shall decide against its reception, it shall not be allowed to form a part of the record.

Article 451. If a member of a court-martial shall, from any legal cause, fail to attend, and witnesses shall be examined during his absence, the court must, should he resume his seat during the trial, cause every person, who may have been so examined in his absence, to be called into court, and the recorded testimony of such witness must be read over to him; and such witness must acknowledge the same as his testimony, and be subject to such further examinations as the said member may require; and without a compliance with this regulation, and an entry of it upon the record, a member who shall have been absent, during the examination of a witness, shall not be allowed to vote upon the question of the innocence or guilt of the accused, or upon any question for his punishment.

Article 452. The examination of the witnesses being completed, the accused shall be at liberty to make his defence, in writing, against the charges and specifications; which defence he will submit to the court for their inspection, before it is publicly read, and if, in the opinion of the court, it shall contain anything disrespectful to the court, they may prevent that part from being read.

Article 453. After the defence shall have been read, the court shall be cleared, and the members shall proceed to consider the testimony and defence of the accused. When they shall have sufficiently examined and considered the same, the question shall be put upon each separate specification of each charge, beginning with the first: Whether it is "proved" or "not proved," or "proved in part." The members shall vote in the order required by law, each member writing the word "proved" or "not proved," or "proved in part," and stating what part, with his signature, and shall hand his vote to the judge advocate, who shall when he has received all, read them aloud, and shall enter on the record the number who shall have found it "proved" or "not proved," or "proved in part;" and if a majority agree in any such finding of "proved in part," the part found to be proved shall be recorded.

Article 454. When the members shall have thus voted upon all the specifications of any charge, the question shall then be put to each member, "Is the accused guilty of this charge," "guilty in a less degree than charged," or "not guilty?" and the members, in the order required by law, shall write the word "guilty" or "not guilty," or "guilty in a less degree than charged," and in what degree, upon a piece of paper, with their signatures, and hand them to the judge advocate, who shall, after receiving all the votes, read them aloud and record the result, and shall then proceed to the next charge and specification, until votes shall have been taken, as above directed, upon all the charges and specifications.

Article 455. When the court shall have voted upon all the charges, if the accused shall have been found guilty upon any one of them by the number of members which the law may require in the particular case, they shall next proceed to vote upon the punishment to be inflicted. In this case each member shall, in the order directed by the law, write down and subscribe the measure of punishment which he may think the accused ought to receive, and hand it to the judge advocate, who shall, after receiving all the votes, read them aloud.

Article 456. If the requisite majority shall not have agreed in the nature and degree of the punishment to be inflicted, the judge advocate shall proceed in the following manner to ascertain which of the different votes will obtain the assent of the requisite number of the members. He shall begin with the mildest punishment which shall have been proposed, and, after reading it aloud, shall ask the members,

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in the order prescribed by law, "Shall this be the sentence of the court, or shall it be more severe?" and every member shall vote, and the judge advocate shall note the votes. In case the proper number shall not agree upon a punishment on the first vote, he shall then take the next lowest punishment, and proceed to take a vote as before directed, and thus proceed until a proper majority shall be obtained for some of the proposed punishments.

Article 457. The sentence having been recorded, the proceedings in each separate trial shall be signed by all the members present, and by the judge advocate.

Article 458. As the oath taken by the members requires them to decide according to the law and the evidence, in relation to the facts of the case, and does not allow them to take into consideration the general character or former services of the persons brought before them, in determining the punishment to be awarded, any member may, after the sentence is pronounced, move for a recommendation of the accused to the clemency of the officer by whom the proceedings of the court are to be approved, and such recommendation, with the reasons therefore, shall be entered immediately under the sentence, and shall be signed by the members concurring in it.

Article 459. The court may allow counsel to the accused, for the purpose of aiding him in his defence against the charges, but always under the restriction that all motions or communications shall be made in writing.

Article 460. If from any cause, after a court shall be organized, so many members as the law may require shall not assemble upon any day to which the court may stand adjourned, and the court, by that fact, should be dissolved, the proceedings, and the fact of the dissolution of the court, must, nevertheless, be authenticated by the signature of the members who may be present, and transmitted by the senior member to the officer by whom the precept was issued, that such further measures may be directed as circumstances shall require.

Article 461. The sentences of all courts-martial, which shall be approved upon a foreign station, shall be communicated to the commander of each vessel in the squadron, that they may be made public; and when approved in the United States, they shall, in the same manner, be communicated to the commander of each vessel or station in the United States, for the same purpose.

Article 462. Should the proceedings of a court-martial be disapproved for any informality or irregularity of the court, the particular informality or irregularity shall be made known to the commanders of navy yards and stations, so as to prevent, if possible, their recurrence.

CHAPTER XXXI.—RECRUITING SERVICE.

Article 463. Officers ordered upon the recruiting service are to use every exertion to procure, as expeditiously as possible, the number of men required; but they are to enter none but such as shall be first certified by the proper medical officer to be sound and healthy; and they shall enter no foreigner, not naturalized, knowing him to be such, except by order of, or authority from, the Secretary of the Navy, or of the commander-in-chief on a foreign station.

Article 464. A recruiting officer shall enter no boy under thirteen years of age; nor any person under twenty-one years of age, without the consent of his parent or guardian, if any such may be found; and no landsman over twenty-five years of age, unless he shall have a knowledge of some mechanical trade, which will be useful on board a vessel, nor any landsman, having such mechanical trade, unless he is under thirty-five years of age; and for other ratings he shall be governed by the instructions for ratings as established in the 161st article of these regulations.

Article 465. The surgeon or other medical officer who may be appointed to examine persons offering to enlist, or upon their first joining a receiving or other vessel, after enlistment, shall not certify to the fitness of any person for service, unless he shall be sound of mind, possess the power of seeing and hearing distinctly, and have no serious impediment of speech; have the free use of his muscles and joints; the proper use of his hands and feet; be free from external and internal tumors, and from all cutaneous diseases and chronic ulcers; nor if his appearance indicates the presence of, or danger from, consumption, scrofula, or dangerous diseases from the effects of intemperance or other causes; nor if known to be subject to epilepsy, or similar diseases; and all ruptures and other injuries, for which he may not be rejected, shall be carefully noted and registered, that no improper claims may be made for pensions.

Article 466. The recruiting officer shall cause the shipping articles to be read to every person before such person signs them; nor shall he allow any person to sign such articles when intoxicated; nor shall he ship any person known to have been convicted of a felony.

Article 467. The recruiting officer shall make no advance of pay, except by express order from the Secretary of the Navy, or of the officer under whose orders he may be placed; and, in all cases of making advances, he is to take good security for the same.

Article 468. Recruiting officers shall not pay over any advance money, except to the person entitled to receive the same, nor until he shall have been found fit for service on board the receiving or other vessel to which he may be first sent; and they are, if possible, to induce the men to repair on board with their effects, and to receive the amount of their advance in clothing, and other necessaries, from the vessel; in which case the recruiting officer is to give the necessary information to the commander of the receiving vessel, and will be excused from taking security. When an advance is to be made, the recruiting officer shall take care that each person furnishes himself with at least one good suit of thick clothing, two frocks or shirts, a pair of shoes, a pair of stockings, hat, and handkerchief, as nearly of the navy pattern as possible, and that they are sent on board with them.

Article 469. Recruiting officers must produce receipts for the amounts advanced from the persons to whom they may make advances; a receipt for the individual, from the commanding officer of the vessel on board which they may be sent, and an acknowledgment from the purser of such vessel that he has received lists showing the amounts advanced to the individuals respectively, before they can receive credit for the advances made.

Article 470. Recruiting officers shall not receive, without the sanction of the commanding officer of the station, more than one thousand dollars at any one time, which they may obtain by requisition upon the navy agent, duly approved by the senior officer in command of the port or station, who shall not approve such requisition unless satisfied that the amount is required for the public service.

Article 471. The recruiting officer must report weekly to the Secretary of the Navy and his com-

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manding officer the number of men he may have entered, and the amount of money remaining in his hands, as per form annexed, and marked -----.

Article 472. No recruiting rendezvous is to be opened in the United States, without the order or consent of the Secretary of the Navy. Commanders of vessels may, however, fill small deficiencies in their complement by enlisting on board their vessels; but no allowance will be made to officers who enlist men in this manner, as no responsibility or risk is incurred.

Article 473. When practicable, some vessel will be designated, at the port where the recruiting officer may be stationed, to receive men who may be entered for the navy, the commander of which will take charge of, and receipt for, and see that the purser receipts for, the advance of such men as may be sent him by the recruiting officer; provided they shall, after a strict examination on board the vessel, by a surgeon and two other commissioned officers, be found healthy, sound, and fit for the service; but if they should be found sickly, unsound, or unfit for service, they shall be returned to the recruiting officer, and no receipt shall be given for them.

Article 474. When men shall be received on board a receiving vessel, a particular description of their persons shall be entered in a book kept by the commander for that purpose, and all injuries, as well as marks, carefully noted.

Article 475. Whenever men shall be sent from a receiving vessel to any other port or to some other vessel, the commander of the receiving vessel shall send with them a complete descriptive list, in addition to the statements of their accounts which are by law required to be sent, and shall, on those descriptive lists, state whether they have or have not been petty officers in the service.

Article 476. While men are on board the receiving vessel, they shall receive no supplies of slop clothing or small stores from the United States, except upon the order of the commander, and with the approbation of the senior officer in command of the station; and the purser who may be directed to furnish such articles must preserve such order as a voucher, or he will receive no credit for the deliveries in case the person to whom they are made should die or desert before he is out of debt to the United States.

Article 477. The receiving vessel, when it is practicable and necessary, shall perform the duties of a guard vessel; and the men, when they are received, shall be employed in such manner, upon seamen's duty, as the senior officer in command of the station may think proper, and they shall, when practicable, be exercised daily at the cannon and small arms. Great attention must be paid to their cleanliness and comfort.

Article 478. The commander of the receiving vessel is to adopt all proper precautions to prevent desertion, and is not to allow any recruit to go on shore on liberty, without the consent of the senior officer upon the station.

Article 479 The senior officer in command of the station will give the necessary instructions to the navy agent to procure vessels to transport such men as he may be directed to send to any other place, when he has no public vessel at his disposal for that purpose, and will send proper officers to take charge of them, informing the Secretary of the Navy of every draught so sent, and of their number, and the names of the officers under whose charge they were placed.

Article 480. Receiving vessels are to be in commission, and the officers who may be attached to them are to conform to the general regulations in the same manner as though attached to any other vessel, except as limited in this chapter; but service in a receiving vessel is not to be considered as "sea service" for promotion or appointment. Officers attached to them are, however, to be considered entitled to pay as though employed in a sloop-of-war at sea.

CHAPTER XXXII.—MARINES.

Article 481. When a vessel is to be put in commission, the Secretary of the Navy will give the necessary instructions to have the proper number of officers and marines prepared to go on board.

Article 482. The senior naval officer in command upon the station, having received instructions upon the subject, will direct the marines, with their proper officers, to repair on board whenever he shall think their services necessary.

Article 483. When marines are so received on board a vessel, they are to be entered separately on her books, by the purser, as a part of the complement, or as supernumeraries, as the case may require, and are to be, in all respects, upon the same footing as the seamen with regard to provisions and short allowance money.

Article 484. The senior marine officer shall report daily, in writing, to the commander of the vessel, the state of the marines who may be on board.

Article 485. Marines may be furnished by the purser with slop clothing and small stores, when the commanding marine officer shall certify that they require them, and the commander of the vessel grants his permission. The marine officer shall stop the amount of such supplies from the pay rolls of the men, and settle with the purser.

Article 486. Marines are to be paid by the purser, while they are on board vessels, upon pay rolls duly certified by the commanding marine officer, and approved by the commander of the vessel, which pay rolls, countersigned by the purser, shall be regularly transmitted, in the same manner as the pay rolls for the rest of the crew, to the Secretary of the Navy, that the amount may be refunded to the appropriation for the pay of the navy.

Article 487. Marines, when sick or wounded on board vessels, are to receive the same care and attention as the seamen, and, when sent to the sick quarters or hospitals, are to be in all respects under the same regulations. Their sick and clothing tickets are to be certified by the commanding marine officer, and countersigned by the commander of the vessel.

Article 488. No marine is to be discharged and entered as a seamen until his term of service as a marine shall have expired, without special authority from the Secretary of the Navy.

Article 489. The uniform clothing of marines who may desert, or die on board vessels or in hospitals, shall be preserved by the marine officer; and all other clothing and effects may be sold at auction, and the produce charged to the purchaser; and the marine officer will, by the first opportunity, transmit to the paymaster of the corps an inventory of the articles so sold, with the amount they produced, signed by himself, and countersigned by the purser and the commander of the vessel, in order that such amount may be paid over to the hospital fund or to his legal representative, as the case may require.

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Article 490. The commanding marine officer is to have charge of, and will be accountable for, the arms, accoutrements, and clothing belonging to the marines; and he will be careful to have the whole preserved in the best possible order. He will report any injury that may result to them from the neglect or misconduct of any person, that the amount may be recovered from him.

Article 491. The marine officer will be allowed the exclusive use of a store room, for the preservation of the clothing, accoutrements, and other articles belonging to the marines, when it can be conveniently granted.

Article 492. When marines shall be detailed for guard duty or employed as sentinels, they are to be considered as under the immediate direction of their own officers, who are to be responsible to the commanding officer, the executive officer, and the officer of the watch, for their attention and good conduct; but all officers are required to report any misconduct or neglect of which marines, so employed, may be guilty, and in case of urgent necessity, may order them into immediate confinement.

Article 493. Marines, when not upon guard duty, nor employed as sentinels, are to be under the orders of the sea officers, in the same manner as any other portion of the ship's company; but they are not to be compelled to go aloft, nor punished for not showing an inclination to do so, although it is desirable that they shall receive every encouragement to acquire a knowledge of seamen's duty.

Article 494. No sergeant or corporal is to be struck, except by sentence of a court-martial, nor shall they be reduced to a lower rating except by the order or approbation of the commander of the vessel.

Article 495. No punishment shall be inflicted upon the marines without the approbation of the commander of the vessel.

Article 496. The marines shall be exercised in the use of muskets and at the cannon, when, in the opinion of the commanding officer of the vessel, it can be done with propriety.

Article 497. When there shall be two marine officers belonging to a vessel, they shall not both be absent at the same time, except on duty.

Article 498. Whenever any portion of the army or militia of the United States shall be embarked in any vessel of the navy as passengers, or to be transported from one place to another, no punishment shall be inflicted by order of any army or militia officer, without the knowledge and consent of the commander of the vessel.

CHAPTER XXXIII.—COMMANDANTS OF NAVY YARDS.

Article 499. The commandant of a navy yard will be considered responsible for the due preservation of all buildings and stores contained therein, and of all vessels in ordinary, or repairing in the yard; nothing, therefore, is to be done within the limits of his command without his knowledge.

Article 500. He will be considered responsible for the judicious application of all labor. Every person, therefore, who may be stationed at, or employed within the limits of his command, is to be subject to his orders.

Article 501. The commandant of the yard will cause the mechanics and others employed in the yard to be mustered, conformably to the instructions which have been or may be given on the subject; and he will be particularly careful that none but effective men are employed, that no more are employed than is requisite, and that they are obtained upon the most favorable terms for the United States; and he must approve all pay rolls for labor, and all bills for supplies furnished, upon being satisfied of their correctness, before they can be paid.

Article 502. The commandant of the yard shall see that all officers, and other persons in the yard, perform their duties in a proper manner, and that all reports and returns are made in the manner which may be directed by the Navy Department.

Article 503. The commandant of the yard will see that the fire, engines are at all times in proper order, and will be particularly careful to guard against accidents from fire. He will cause all lights and fires on board vessels under his control to be extinguished as early in the evening as directed to be done on board of vessels in commission, and he will establish proper regulations to guard against accident from fire in the dwellings or other buildings within the yard.

Article 504. In case of fire in the vicinity of the yard, the engines are to be prepared, and every precaution taken for the security of the public property. The engines and persons belonging to the yard are not to leave it, unless the commandant shall be of opinion that it will best contribute to the safety of the public property, or that it can be done without exposing it to hazard; but at all times the engines and men are to be kept under the control of their proper officers, that they may be immediately returned to the yard, if required.

Article 505. All reports or returns made to the Secretary of the Navy or Navy Commissioners, by officers attached to the yard or to vessels in ordinary, must be approved by the commandant, as an evidence of his having satisfied himself of their correctness.

Article 506. The commandant of the yard is not to authorize or allow any alteration in the arrangements of the yard, nor the purchase of any surplus stores, nor the sale of any article, unless specially directed by the Navy Department.

Article 507. No slaves are to be employed in the navy yards, without the previous sanction of the Navy Department.

Article 508. The countersign and pass word for the night shall be issued by the commandant of the yard, or, in his absence, by the next in command.

Article 509. The commandant of the yard shall draw up regulations for the police of the yard, and transmit them to the Navy Commissioners for their approbation.

Article 510. A regular journal shall be kept under the direction of the commandant, in which shall be entered the time when any vessel is received for repairs or put in commission; the number of mechanics and others employed; the arrival and departure of all vessels-of-war, and of vessels with stores of any kind for the yard; the time when any vessel is taken into or removed from the dock; when and how long a vessel may be hove out for repair, and all the other principal transactions of the yard.

Article 511. He shall exercise no authority over, or in any manner interfere with, vessels in commission, when they are not placed under his direction, unless in cases of urgent necessity; and should such cases occur, he shall give immediate information to the Secretary of the Navy.

Article 512. When a vessel is directed to be placed in ordinary, or given into his charge for repair, he will cause her to be properly moored or otherwise secured, in which he is to be assisted by the offi-.

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cers and crew of the vessel, unless otherwise directed by the Department, or the senior officer in command upon the station.

Article 513. When a vessel has been delivered into his charge for repair, the commander of the ship shall have no direction in relation to her repairs, but it shall be his duty to point out any defects or deficiencies which he may discover.

Article 514. When a vessel shall be placed in a proper situation to receive any repairs that may have been ordered, her officers and crew shall be removed to some other vessel or quarters, if any are prepared for their reception, until her repairs shall be completed, and strict care must be taken that such vessel or quarters, and all articles belonging to them, are at all times kept perfectly clean and in good order, by the persons having charge of them for the time being.

Article 515. No vessel shall be repaired without the previous sanction of the Navy Commissioners, except in cases of emergency; and in all such urgent cases the repairs shall be made conformably to the report of surveying officers duly appointed, and a copy of the survey shall be forwarded to the Navy Commissioners without delay.

Article 516. The commandant of the yard shall report to the Navy Commissioners the time he receives a vessel for repairs, when the repairs are commenced, and the time she is returned into the charge of the commander, or when her repairs are completed.

Article 517. When a vessel in ordinary is to be equipped for service, her equipments shall be made under the direction of the commandant of the yard, conformably to such orders as he may receive from the Navy Commissioners, unless otherwise specially directed.

Article 518. When he shall be directed to build, or repair, or equip any vessel, or to construct any building, or make any improvement in the navy yard, he will direct the navy storekeeper to keep an account against such vessel, building, or improvement, debiting it with the number of days' work, and the cost of the labor performed by each class of mechanics and laborers, and the quantity and cost of the different materials used.

Article 519. When requisitions, duly approved, are made upon the storekeeper for articles which are not in store, he will direct the storekeeper to make requisitions for the same upon the navy agent, and will approve the same, that they may be furnished with the least possible delay. 

CHAPTER XXXIV.—SECOND IN COMMAND.

Article 520. The officer who shall be attached to a navy yard as second in command shall be considered as the executive officer of the yard, and perform such duties as may be assigned him by the commandant of the yard. During the absence of the commandant, by order or upon leave, or whenever unable to perform his duties, he shall perform all the duties assigned to the commandant, as commandant of the yard.

CHAPTER XXXV.—MASTER SHIPWRIGHT.

Article 521. The master shipwright may, under the direction of the commanding officer of the yard, have a general superintendence and control over the inspector and measurer of timber, and all the master workmen, except the master rigger and sailmaker, and over mechanics and laborers who may be employed in building or repairing vessels within the yard.

Article 522. He will take care that proper measures be taken to prevent the use or conversion of any timber or wood materials or metals, until such an account is taken of them as shall secure a correct expenditure; and that daily returns be made to the inspector and measurer of timber, of the particular timber or wood materials which may have been used or converted, and to what object applied, so that the inspector may, at all times, be able to furnish the information necessary to make requisitions to cover the expenditure, and to know the particular species and quantity remaining on hand.

Article 523. He will conform rigidly to such instructions as he may receive for the construction or repairs of vessels; but if he should, in the progress of the work, be of opinion that a deviation from those instructions would be beneficial, he will represent the same to the commandant, with the reasons for such opinion.

Article 524. He will carefully and thoroughly examine, at least once a month, all the vessels which may be upon the stocks or in ordinary, to see that they stand securely and true, and that they are as effectually secured against decay as circumstances will admit, and make written reports to the commandant of the yard upon the subject.

Article 525. Such timber as, from latent defects, shall be found unfit for naval purposes when it is wrought, but will answer for other purposes, shall be considered "refuse timber," and so entered on the storekeeper's books; and such as, under similar circumstances, shall be found unfit for any use, as navy timber, shall be designated "condemned timber," and shall be placed in situations appropriated for the reception of each kind respectively; and all condemned timber shall be considered as expended, and shall be included in the monthly requisitions, as though it had been expended in any other manner.

Article 526. He shall direct proper requisitions to be made, on the last day of each month, to cover the expenditure of all the timber and wood materials which may have been used during the month by the different master workmen.

Article 527. He will see that his clerk furnishes to the commandant of the yard, on the first and sixteenth of each month, a return showing the total number of days' work which had been performed during the preceding half month, by each class of mechanics and laborers, upon each object, with a general statement of the labor performed on each object, according to such form as may be prescribed.

Article 528. He shall see that his clerk furnishes the commandant of the yard, daily, with a statement of the number of days' work which shall have been performed during the next preceding working day, by each class of mechanics, upon each of the objects upon which they had been employed.

CHAPTER XXXVI.—PURSER OF THE YARD.

Article 529. The purser of the yard shall have the charge of paying and victualling all persons attached to the yard, and to the vessels in ordinary at the yard.

Article 530. He shall deposit all public moneys which he may receive, in such bank as the Secretary of the Navy may direct.

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Article 531. He shall pay all mechanics and laborers, who may be employed under the direction of the commandant, upon pay rolls which shall be made out and certified by the clerk of the yard, after he shall have satisfied himself of the correctness of the calculations, and they shall have been approved by the commandant.

Article 532. He shall make all payments to mechanics, by checks upon the banks in which the public moneys are deposited, in bills of that bank, or in specie.

Article 533. He shall make requisitions, monthly, upon the navy agent, under the direction and with the approval of the commandant, for such amount of money as may be necessary for the public service in his department.

Article 534. He shall make no advance to any person whatever, without the sanction of the President of the United States.

Article 535. He shall keep distinct accounts of moneys received and expended under different appropriations, and never apply them to any other appropriations than those for which they were originally intended, except by special written authority from the Secretary of the Navy, in conformity to law.

Article 536. He shall keep his accounts, and make his returns, in such manner as may be directed by, or through, the Navy Department.

Article 537. He shall not be allowed any commissions or other extra compensation than such as may be granted by law, for the performance of any duties in a navy yard, as those duties are to be considered among the ordinary duties of his station.

CHAPTER XXXVII.—NAVY STOREKEEPER.

Article 538. The navy storekeeper shall take charge of all stores which may be received into the navy yard for the public service, and be held accountable for the expenditure of the same, conformably to the regulations of the service, or to the orders of the Navy Department.

Article 539. He will, therefore, under the direction of the commandant of the yard, have charge of the keys of all storehouses and buildings containing articles for which he is responsible.

Article 540. He shall make requisitions upon navy agents for all articles which may be wanted, whether purchased by contract or not, when he may be directed by the commandant, and present the same to him for his approval. Such requisitions must always specify the appropriations for which the articles are required, and separate requisitions must be made under each appropriation for which articles may be wanted.

Article 541. The storekeeper shall not give a receipt for any articles delivered into the yard, by navy agents or contractors, until he shall have been furnished with an invoice or bill stating the particular articles, their cost, and the object for which they were purchased, nor until they shall have been certified to be of the proper quality by the inspecting officers, unless required by written order of the commandant.

Article 542. All articles whatever, which may be received into the yard for public service, or which may be placed in the storekeeper's charge by the commandant's orders, shall be immediately entered by the storekeeper in his books, and included in his returns under the respective appropriations to which they belong.

Article 543. He shall never deliver articles for any other object or appropriation than that for which they were originally received, except by the written order of, or requisition approved by the commandant, which order or requisition he must produce as the authority for such transfer.

Article 544. The storekeeper will issue no article, timber or timber materials excepted, but by the written order of, or upon requisitions duly approved by the commandant of the yard, or, when he is absent upon leave, upon the approval of the next in command. These requisitions must specify the appropriations and object for which the articles are wanted; and when they are to be drawn from an appropriation different from that for which they are wanted, it must be distinctly stated on the face of the requisition.

Article 545. He will deliver articles to vessels in commission, upon requisitions signed by the commanding officer of the vessel, approved by the senior officer present in command of such vessel, or captain of the fleet, and by the commandant of the yard, taking receipts as directed in the next following article.

Article 546. He will take receipts for all articles delivered, upon the requisitions themselves, and preserve them as vouchers for his expenditures; and he shall give credit to the proper objects, and charge himself with all surplus stores that may have been required for any object, and returned to him again as not having been wanted.

Article 547. He shall examine all accounts rendered for supplies furnished, which shall have been certified to have passed inspection, and, on being satisfied of their accuracy, shall receipt the same, and send them immediately to the commandant for his approval; but if he shall believe any article to be overcharged, he shall first call the attention of the commandant to such charge.

Article 548. He will notify the commandant whenever any article of stores may be nearly expended, and when any additional measures may be necessary for the proper preservation of articles in his charge.

Article 549. He shall, under the direction of the commandant of the yard, have charge of the transportation of all stores from the yard at which he is stationed to other places, by such conveyances as may be furnished by the navy agent, and conformably to such orders as he may receive upon the subject. Particular attention must be paid by him to have all articles thus transported deliverable, by the bills of lading, at the precise place to which they may have been ordered, and that they are all in good shipping order.

Article 550. All articles sent from the navy yard must be accompanied by a bill or invoice, stating the particular contents of each package, the cost of the separate articles, and the appropriation to which they may belong.

Article 551. He shall keep his books and make his returns in such manner as may be prescribed by the Navy Commissioners.

CHAPTER XXXVIII.—CLERK OF THE YARD.

Article 552. The clerk of the yard shall attend to the mustering of all mechanics and laborers employed under the direction of the commandant of the yard, and shall strictly conform to such regulations as have been or may be prescribed upon the subject. *

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Article 553. He shall make out and certify, semi-monthly, pay rolls for paying the mechanics and laborers, showing the number of days' labor performed by each person upon each object, his daily pay, the amount chargeable to each object and to each item of appropriation, and the total amount due to each person.

Article 554. He shall furnish to the commandant of the yard, semi-monthly, abstracts of the number of days' work performed by each class of mechanics and laborers, and the cost of the same upon each object of expenditure, agreeably to such form as may be prescribed, which is to be transmitted to the navy storekeeper.

CHAPTER XXXIX.—MASTER WORKMEN.

Article 555. The master workmen who may be employed in the navy yard shall inspect all stores that may be received into the yard, in their respective departments, and certify as to their quality.

Article 556. They shall keep daily records of the labor performed by each individual in their respective departments, upon different objects under their direction, and hand copies of the same to the clerk of the master shipwright and the clerk of the yard on the following morning.

Article 557. They shall examine and be responsible to the commandant for the fitness of all the workmen they may be authorized to employ in their respective departments; and they will report to the master shipwright, who will report to the commandant, his and their opinion of what should be the daily wages of each person, for his decision, and whether their number can be reduced without injury to the public interests.

Article 558. They shall have the immediate control of, and be vigilant to ensure diligence from, all those who may be employed under their immediate direction.

Article 559. They shall attend all surveys and conversions of stores in their respective departments, and, if necessary, they may suggest measures for their better preservation.

Article 560. They will hand to the clerk of the master shipwright, daily, an account of all the timber and timber materials which may have been taken for use the preceding day.

Article 561. No article whatever is to be taken or used without the knowledge of the proper master workman; nor must any article be taken or used, timber or wood materials excepted, until a requisition has been made for them, and duly approved; nor must any article which belongs to one appropriation or object be taken or used for any other appropriation or object, without the express orders of the commandant.

Article 562. The master workmen must give their regular personal attendance, and are only to be paid, like all other persons who receive daily pay, for the time they actually attend to their duty in the yard, except when special exemptions shall be granted by the Navy Department.

CHAPTER XL.—NAVY AGENTS.

Article 563. All supplies for the navy, not furnished by contract, are to be purchased by the navy agent, by order of the Navy Commissioners, or upon requisitions approved by the commandant of the navy yard; or if there be no navy yard at the place where he is directed to reside, then upon requisitions approved by the senior officer in command upon the station.

Article 564. He shall make all purchases upon the most advantageous terms for the United States, and see that all articles supplied through him are of the best quality.

Article 565. He shall have no private interest, directly or indirectly, in the supply of any article which it may be his duty to furnish the navy.

Article 566. Articles sent on board any vessel or to any navy yard, by the navy agent, must be delivered to the commanding officer, or such person as he may appoint to receive them, who is hereby required to cause receipts to be given for the same, provided they are of the proper quality, in proper order, and accompanied by proper bills or invoices.

Article 567. All stores sent to a navy yard or on board a vessel in commission, by a navy agent, will be carefully examined when they are first received by the officer to whose department they may belong, and such others as the commandant of the yard or commander of the vessel may appoint, and if found by them to be of improper quality, a regular survey of the same will be held with the least possible delay.

Article 568. Such articles as the surveying officers may declare to be unfit for service, or not conformable to contract, may be returned to the agent, and no receipt shall be given for the same. Duplicates of the surveys must be immediately forwarded to the Navy Commissioners, accompanied by such remarks as may be deemed necessary.

Article 569. Every cask, box, or package of provisions, or other supplies, must be numbered, and have the contents distinctly marked upon it, when intended for shipment.

Article 570. All supplies furnished must be accompanied by a bill or invoice, specifying the particulars and cost of each, the objects for which they are intended, and the appropriation to which they belong: without these no receipts will be given for them, unless the senior officer of the station, the commandant of the yard, or the Navy Department, shall think proper to give an express order to that effect.

Article 571. He shall make no purchase for, or sale of articles belonging to, the United States, nor incur any public expense, without the sanction of the senior officer upon the station, the commandant of the navy yard, or of the Navy Department.

Article 572. He will receive no credit for any disbursements he may make, unless he produces an order from the Navy Department, or of some proper officer, to make the purchase or payment, or requisitions duly approved, conformably to the regulations of the navy, the receipts of the persons to whom the articles were delivered, or to whom payment was made, and unless the payment shall have been sanctioned by the proper officer, as required by these regulations.

Article 573. He shall draw no money from the bank, except to pay approved accounts or requisitions; and all his checks upon the bank shall have a receipt upon the bank, showing on what account, for what service, and to whom the money was paid.

Article 574. He shall pay no bill for articles furnished or services rendered to navy yards, or vessels under the control of the commandant of the yard, without the previous approval of that officer.

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Article 575. He shall pay no bill for supplies furnished or services rendered directly to vessels in commission, without the certificate of the commander of the vessel, and the approval of the senior officer in command upon the station.

Article 576. He shall make no advances of money to any person whatever on public account, but -according to the general regulations of the navy.

Article 577. He is never to pay bills or requisitions under one appropriation from any money belonging to another appropriation, without the express sanction of the Secretary of the Navy, in conformity to law; and whenever money shall be so transferred, he shall note it particularly in his next monthly and quarterly returns.

Article 578. His requisitions upon the Department for money must be made under the specific heads of appropriation, and must be accompanied by a statement of the particular objects for which it is intended.

Article 579. Whenever the expenditure has not been specially authorized by the Navy Department, the requisition itself must be approved by the commanding officer of the station, or by the officer under whose order or sanction the expense shall have been authorized.

Article 580. When it is necessary to send articles from one place to another, particular attention must be paid to make them deliverable, by the bill of lading or other agreement, at the precise place where they may be specially required.

Article 581. He must report monthly to the Navy Commissioners the progress made toward the completion of all contracts for articles to be delivered at the station where he resides.

Article 582. He must make monthly returns to the Secretary of the Navy and the Navy Commissioners, of all moneys received, expended, and remaining on hand under cash appropriation, in such form as may be prescribed. These returns must be made Within ten days after the expiration of each month.

Article 583. He must forward quarterly accounts to the Fourth Auditor of the Treasury, made up to the last day of March, June, September, and December, within twenty days after the expiration of each quarter. These accounts must distinctly show the amount of all money received, expended, and on hand, under each appropriation, and must be accompanied by all the vouchers necessary for a final settlement of the account.

CHAPTER XLI.—PENSION'S.

Article 584. Persons making application for pensions, in consequence of injuries received in the service, should forward a certificate, as per form marked -----, from the surgeon of the vessel or yard where

the injury was received, countersigned by the commanding officer, stating particularly the circumstances under which, and the time when, the injury was received, the nature and extent of the injury, and the extent of the disability which it may have produced. If the applicant is unable to forward such certificate, he must forward the best evidence which he can collect in relation to the circumstances, and particularly as to the name of the vessel, and her commander, in which, and the time when, the injury was received.

Article 585. After a pension shall have been granted to any person, in consequence of his disability, it may be paid to him quarterly, on his presenting himself to the person who may be directed to make the payments; but if the payments are to be made to any other person on behalf of the pensioner, it shall only be done upon a regular power of attorney, made before, and attested by, some justice of the peace or notary public, accompanied by a certificate from some commission officer of the navy, judge of the United States court, district attorney, or collector of the customs, that the pensioner was, to his knowledge, living at the time when the payment demanded became due, or that he had deceased on some given day since the preceding payment. 

Article 586. Before any pension will be granted, the Secretary of the Navy will, if he should think proper, order an examination of the applicant, in addition to the certificate of the surgeon and commander, to determine more satisfactorily the degree of disability produced by the injury received; and he may, at any subsequent period, direct similar examinations to be made, if he has reason to believe that the disability has been diminished or increased. When it can be conveniently done, these examinations shall be made, and the certificates given, by two medical officers, and a captain or a commander of the navy.

Article 587. The injuries received shall be classed in the following manner, viz:

First. Injuries which produce total disability in the claimant to contribute by his own labor to his support, and which require the aid of another to attend to his person.

Second. Injuries which render the claimant unable to contribute to his own support, but leave him able to attend to his own person.

Third. Injuries which leave the claimant unable to contribute more than one-fourth to his own support.

Fourth. Injuries which leave the claimant unable to contribute more than one-half to his own support. Fifth. Injuries which leave the claimant unable to contribute more than three-fourths to his own support.

Those of the first class may receive as a pension the full amount of their pay. Those of the second class, seven-eighths of their pay. Those of the third class, five-eighths of their pay. Those of the fourth class, three-eighths of their pay. Those of the fifth class, one-eighth of their pay.

Where the injury received does not diminish the power of the individual to support himself as much as one-fourth, he will not be considered entitled to any pension.

Article 588. When any applications are made for pensions, in consequence of the death of any person who may have been killed, or died from wounds received in action, they must state the name of the person for whose death the claim is made, the name of the vessel, the action in which the death or the wounds occurred, and the time when the death took place, if subsequent to the action. The applicants must, also, forward legal proof of their right to claim a pension, as the widow or child of the deceased, according to the provisions of the law; and of the age or ages of the child or children who may be the claimants.

Article 589. After a pension shall have been granted, the widow must make affidavit, before some

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justice of the peace or notary public, at each period when payment may be due, that she is still legally entitled to receive the same, and present it to the person authorized to make the payment. When payments are to be made to children, their guardian must make affidavit, before some justice of the peace or notary public, that such children are still living, and under the age required by law.

Article 590. When pensions shall be granted for wounds received in action, they shall not be withdrawn, although the pensioners may be employed afterwards in the naval service, provided the disability continue; but when they shall have been granted for injuries received otherwise than in action, they shall be suspended whenever the pensioner shall be employed in any branch of the naval service, with a compensation equal to the pay he was entitled to receive when he was injured; and when his compensation shall not be equal to his pay when he was injured, the amount of the pension granted to him shall, if necessary, be diminished, so that, during such employment in the naval service, it shall not increase his compensation beyond his pay when the injury was received. But the pension may be renewed on his leaving the naval service, according to the nature and extent of the disability.

Article 591. The conviction of a pensioner of any felony, or any willful attempt to deceive the government, by any false pretences, declarations, or certificates, in relation to his claim for a pension, shall be sufficient authority for withholding it, and shall operate as a forfeiture of any pension to which the guilty person may otherwise have been entitled.

CHAPTER XLII.—UNIFORM.

Article 592. The uniform which is or may be established shall be worn by all officers who may be attached to any vessel, navy yard, station, recruiting service, or hospital, for duty, except they shall be absent from the station.

Article 593. All officers are to conform strictly to the uniform which is or may be established, and are prohibited from wearing the navy button upon any article of dress which does not conform to the prescribed uniform. *

Article 594. Officers are expected to wear the uniform whenever they make an official visit to the President of the United States and the Secretary of the Navy.

Article 595. Officers are to wear their uniform when acting as members of a court-martial, or court of inquiry, or when attending such courts as witnesses, or in any other official capacity.

Article 596. The undress uniform shall be worn upon such courts, unless the officer convening the same, or the president of the court, shall specially order the full dress to be worn.

Article 597. Officers, constituting or appearing before boards of examination, shall wear their undress uniforms.

Article 598. Officers are strictly prohibited from wearing their uniform when suspended from duty by sentence of a court-martial.

Article 599. Officers on furlough are recommended not to wear their uniform except on special occasions.

Article 600. Petty officers shall wear the following marks of distinction:

Boatswains' mates, gunners' mates, carpenters' mates, masters-at-arms, ships' stewards, and ships' cooks, by an anchor On the right sleeve of their jackets in winter, and frocks in summer.

Quartermasters, quartergunners, captains of forecastles, captains of tops, armorers, coopers, ships' corporals, and captains of the hold, by an anchor, in the same manner, upon their left sleeve.

The anchor shall not be more than three, nor less than two inches in length, placed half way between the elbow and shoulder, upon the front of the sleeve: it shall be white when worn on a blue garment, and blue when worn on a white garment.

Article 601. The outside dress clothing of the petty officers, seamen, ordinary seamen, landsmen, and boys, shall consist of blue cloth jackets and trowsers, blue vest, blue cloth cap or black hat, black handkerchief, and shoes, when the weather is cold; when the weather is warm, it shall consist of white frock and trowsers, black or white hats, or blue cloth caps, as the commander may direct, having regard to the convenience and comfort of the crew, black handkerchiefs and shoes.

CHAPTER XLIII.—OFFICERS' APARTMENTS.

Article 602. The commander of a fleet or squadron, in a vessel having more than one cabin, may occupy for his own use whichever he may prefer.

When in any vessel having but one cabin, he will select a part of it for his own accommodation, and the remainder will be occupied by the commander of the vessel.

Article 603. A captain of the fleet will be accommodated with the commander of the vessel, or the flag officer, to whom he may be allowed, as he may direct.

Article 604. Sea lieutenants, masters, pursers, surgeons, captains of marines, chaplains, secretaries, and first lieutenants of marines, will, in ships of the line or frigates, occupy the ward room, and shall constitute the ward room mess. The choice of state rooms or sleeping berths allotted for these officers shall be granted to them according to the order in which they are named above, and to those of the same class according to their rank.

Article 605. Assistant surgeons, second masters, second lieutenants of marines, passed midshipmen, schoolmasters, and clerks, shall constitute the gun room mess, and occupy the gun room in ships of the line, except when it shall be occupied, as above, by the ward room officers, in which case they will mess on the after orlop, and, in frigates, shall occupy the starboard side of the steerage, and the midshipmen shall occupy the larboard side.

Article 606. The sleeping berths of the gun room officers and midshipmen may be determined by the commander of the vessel.

Article 607. In sloops-of-war, and smaller vessels, the captain shall occupy his proper cabin; all other commission officers and the master, the ward room; and passed midshipmen, midshipmen, schoolmasters, and clerks, the steerage.

Article 608. The foregoing regulations shall have the force of general orders from the President of the United States, and no change shall be made in them except by his order or approbation.

They are to supersede all former regulations on the same subjects, so far as they extend, and are inconsistent with former regulations.

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D.

If Congress should not pass the proposed law in relation to the compensation of officers of the navy, or give to pursers of the navy a fixed annual compensation, then the following articles are recommended by the board of revision as substitutes for articles No. 281 and 283 of chapter 13, providing rules, &c, for pursers, viz:

Article 281. All articles of slop clothing and small stores issued by the purser shall be charged at an advance of 15 per cent. upon their original net cost, and no more; of which 5 per cent. in ships of the line, 4 per cent. in frigates, 3 per cent. in sloops-of-war, but nothing in brigs or smaller vessels, shall be retained by the United States, to cover their risk and the expense of transportation; and the remainder of the said 15 per cent. shall be allowed to the purser for his profit, and to cover all wastage and his risk.

Article 283. He shall, in the settlement of his accounts, be charged with slop clothing and small stores at their net cost, and be credited with the value of his issues, after deducting the percentages mentioned in the 7th article of these regulations, when duly authenticated, and made in conformity with the regulations of the navy.

Navy Department, June 12, 1834.

Sir:

As the board of revision in the case of the naval laws and regulations has made its reports on both subjects separately, which reports have been transmitted to Congress by the President, and are now understood to be before the Naval Committee, it is supposed that the legal power of the board and the President, under the resolution relating to these subjects, has probably terminated. But an interesting correspondence between some of the members of the board and other officers has lately taken place, in relation to the regulations recommended by the board; and it having passed through this Department and the hands of the President, and it being deemed useful, by some of the parties concerned, that their views and those of the President and this Department upon them should be known to the Naval Committee, before acting on the subject of the regulations, I take the liberty herewith to enclose the objections and replies made concerning various portions of the regulations. (No. 1 to No. 6.)

After a careful examination of these papers, and the regulations as reported, I subjoin & schedule of the articles to which objections have been presented, with a suggestion, under each article, of the opinion entertained by the President and this Department as to the propriety of any change, and, where a change seemed expedient, with a memorandum of the extent and character of it. (No. 7.) I have the honor to be, very respectfully, your obedient servant,

LEVI WOODBURY.

Hon. C. P. White, Chairman of the Naval Committee, H. R.

No. 1.

The President of the United States having kindly permitted us to lay before him our views of the code of regulations for the government of the navy, prepared by a board of captains, under a resolution of Congress, dated 19th May, 1832, we have the honor to submit the following remarks:

Duly regarding the vital principle of our profession, we are sure the President will believe that it is not in any spirit of insubordination that we have called his attention to this subject; and we confidently hope to satisfy him, before we conclude, that the certain effect of some of the proposed regulations would be to take from us a high external incentive to useful exertion, and to deprive us of a participation in the harvest which those who have served long and well have a right to expect.

That the board did not execute the duties assigned them in good faith, according to their views, we do not mean even to insinuate; it so happens, however, that our views differ materially from theirs; and conceiving that their functions ceased when they made their report, never having had an opportunity of seeing the result of their labors until the whole had, as we thought, passed out of their hands, and cheered, in the course we have taken, by Executive approbation, we proceed to a task which we wish had fallen into abler hands.

If we succeed in satisfying the President that our views are correct, it will be a proud consummation of our work; if we fail, we shall at least have the satisfaction of believing that we have fulfilled a duty, and will cheerfully yield our opinions to his better judgment.

Taking the objectionable regulations in the order in which they stand, we remark, that

Article 2 is objectionable, inasmuch as it gives to the commanding officer power to place a junior officer over his senior, and opens the door for favoritism.

Article 4, inasmuch as it interferes with and alters the assimilated rank already established, by placing a lieutenant colonel of marines after instead of with a captain under five years, gives to a commander-in-chief power to confer on any citizen rank equal to that of captain of marines, and places officers who have served long and honorably (as captains of marines) on a footing with pursers, chaplains and secretaries; the latter of whom are not even officers of the navy.

Article 9. The President having already the power to employ all officers of the navy as he may think fit, this article is unnecessary, and might, under some circumstances, have an injurious effect on the service.

Article 10. Objectionable, inasmuch as it assigns to masters commandant duties inappropriate to their rank, and belonging to the grade beyond which they have passed; and excludes lieutenants from situations which are considered as affording the best opportunity for the acquisition of experience, and the display of general professional abilities.

Article 11. We conceive that injustice is done to our junior captains and masters commandant in this assimilation of rank. By the construction of this section, should one captain of fifteen years' standing be created a rear admiral, then all other captains below him (though also of fifteen years) take rank with brigadier generals only.

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Article 18. The power of appointment is necessarily conferred upon a commander-in-chief; but it is deemed inadvisable to empower him to annul without reference to the Secretary of the Navy.

Article 22. All the reports demanded by this article are embraced in the quarterly returns and muster rolls of a vessel, and provided for in other parts of this code of regulations.

Article 37. The regulations concerning pursers are very objectionable; but an explanation in writing must be lengthy and elaborate, and can be best undertaken by that class of officers. The same may be said of surgeons.

Articles 39 and 40. Objectionable, inasmuch as they make an invidious distinction between the senior and junior captains, excluding the latter from a fair and equal participation in the honors and responsibilities of the service; deprive the Executive of the power of selecting, from at least half the list of captains, officers who may be peculiarly fitted for the command of navy yards, who have been in the navy from twenty-five to thirty-five years, and who, before they can overcome the impediments thrown in their way by article 40, will have almost reached the utmost limit of the life of man. In the present state of the navy, a captain cannot expect to be employed in command at sea until he has been from seven to ten years a captain; then he makes a cruise of three years at most; he returns, but cannot be placed in command of a navy yard, because he has not seen four years' sea service; he must then go on the lowest rate of pay, and wait for another command; but other captains want sea service, and he must wait for his second turn; after seven or ten years more, he succeeds; then he has to make a three years' cruise, and comes home qualified to command a navy yard; he will then be, taking the average age of the captains now on the list, over sixty years of age, and will have been in the navy more than forty years. If these regulations are sanctioned by Congress, the now senior captains will continue to enjoy, by law, what they have heretofore done by monopoly—all that is desirable, both in gratified professional ambition and emolument in pay, exchanging with each other, to the end of their lives, from Navy Commissioners to the command of squadrons, navy yards, or stations; then back again to be Commissioners, &c. In short, this article will operate to the special benefit of the first seventeen captains on the list. Similar remarks will apply to masters commandants and lieutenant.

Article 51. Inasmuch as when a fleet is sufficiently large to require a captain of the fleet, it should not be left to the commander-in-chief to say whether or not he will have one.

Article 102. Inasmuch as it authorizes, and even requires, officers of the navy to use military force in aid of the civil authority, on their own judgment.

Article 117. Inasmuch as it may require a senior captain to submit his requisitions for the approval of a junior; the captain of the fleet being usually a junior captain.

Article 121. Objectionable, for the same reasons as article 117.

Article 124." If these reports are intended to be secret, this article is highly exceptionable, inasmuch as it puts it in the power of a commanding officer to blast the character of one under his command, without such officer having an opportunity to defend himself, or in any way explain his conduct.

Article 136. This article is most highly objectionable, inasmuch as it places it in the power of one officer to degrade and forever disgrace another, without trial, and on a most superficial inspection of his conduct.

Article 168. So far as a good disciplinarian may succeed an inferior one. Reports made of salutary and necessary punishments may impair the standing of a good officer at the Department, and elevate that of an inferior, in point of capacity, merely in consequence of the mistaken lenity of the latter. Besides, the law already provides modes and extent of punishment. A similar regulation is believed to have operated injuriously in the British navy.

Article 173. No private remark book is necessary—the log books and journals are sufficient. All private animadversions should be avoided, else espionage and intrigue will follow.

Article 184. This article reduces the commander of a ship, having a superior officer on board, to a mere executive officer, or first lieutenant; its effect would be to make the presence of a flag officer on board a ship odious to the commander, and destroy all harmonious intercourse between them; and, in consequence, it would be injurious to the service.

Article 189. If this article is intended to extend to the officers, it is calculated to do no good, but, on the contrary, to cause dissatisfaction, inasmuch as it places on them a check heretofore only applied to common seamen; and the commander, having it always in his power to regulate the leave of his officers, ought to be expected to exercise a sound discretion on the subject. At all events, it belongs to the ordinary discipline of the ship, and need not be made a law.

Articles 190 and 191. These subjects belong to the ordinary discipline and regulation of the ship, and ought to be left to the discretion of the captain, in whom the law places the responsibility. Both are more conducive to insubordination and discontent, than anything else.

Article 411. This article is considered improper and arbitrary, inasmuch as it may be used to prevent* an officer, suffering under oppression, from making an appeal to the head of the Department, his constitutional protector. The same remarks apply, in part, to articles 91, 92, and 413.

Article 427. With respect to this article, it is considered that the survey of an officer, by other than medical officers, is degrading, inasmuch as his health can be the only proper subject of examination, of which a sea officer can be no judge.

Article 429. This article is subject to the same objection as article 427.

Article 452. This article appears unfair and unjust towards a party under trial. If such person shall utter anything untrue or disrespectful, the court has power to punish the accused for contempt. But do not constrain him to say only what may be agreeable to the sensitive ears of his judges. It often happens that one of the judges may be the accuser or witness against the person tried. Heretofore the judge advocate has had the supervision of a defence before delivery. Reasons might be multiplied on this point; a suggestion merely is offered. But the whole of this chapter (30) seems to be misplaced, and belongs more properly to the act for the government of the navy, instead of being mingled with regulations which have only the form of general orders from the President of the United States, and subject to be altered from time to time.

Article 498. In part objectionable, so far as the consent of a commander is necessary to the punishment of (embarked) soldiers by their own officers.

Article 507. Experience proves that the services of colored or slave laborers are most available in some, or most cases, on our southern stations.

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Article 587. Objectionable, on account of the extremely reduced provision made for persons deserving pensions.

Article 602. No commander should be deprived of his allotted accommodation, nor yield, unless at his own option, more than a moiety of his cabin and apartments.

In submitting these objections, we trust the President will believe that weighty considerations only, pertaining to our proud profession, (which we hope may yet become more glorious,) have influenced this action. We again disclaim all personal animadversions upon those who have framed the code, in some details good, but obnoxious to complaint in the cited instances.

We complain openly, and are persuaded that we express the sentiments of nine-tenths of the commissioned officers of all classes, aggregately.

Our establishment is susceptible of improvement, and needs it. Well will he deserve gratitude, who may place it on a footing commensurate with the elevated position which our country holds in the estimation of the world.

Whilst the grade of captain only exists among us, all should be equally eligible to the highest employments; selections resting with the President. When a higher grade is created, say admirals or generals, which we ardently second, then the distinction is made, which discipline, security and success demand.

We have approached the President, and he has attentively listened to us. His kindness will be known to the whole of our corps, and will have the good effect of checking the debasing practice (gaining too much favor in the service) of reaching ends by indirect means. We are literally the men of the government and country; not ephemeral political disputants. We wish to be felt professionally; generally, however, varied acquirements and intelligence may be found among us. It is time that we should cease to be considered as sailors merely. That the authors of "The Spy," and "A Year in Spain," both sprung from among us, ought to defend us from an implied reproach.

We have selected only the most ostensibly offensive articles in this code; many minor ones are omitted, as calculated to swell this analysis. We have rendered it as brief as possible, hoping, if necessary, to have an opportunity for full verbal illustrations.

The whole is offered to the indulgent consideration of the President, with assurances of the highest respect, demanded by his official, and secured by his private character.

WOLCOTT CHAUNCEY,

EDM. P. KENNEDY,

THOS. AP CATESBY JONES,

WM. COMPTON BOLTON,

WM. BRANFORD SHUBRICK,

CHARLES W. MORGAN,

Captains in the Navy.

Washington, April 9, 1834.

No. 2.

Washington, April 25, 1834.

To the Hon. L. Woodbury, Secretary of the Navy.

Sir:

The members of the board of revision, at present in the city, have the honor to acknowledge the receipt of your letter of the 11th inst., covering a communication made to the President of the United States by several captains in the navy.

The course pursued by the officers who presented the objections now under consideration has been such as was to be expected from them, open, frank and responsible.

The objections which they have made have received, as they merit, the most careful and respectful attention; and the board submits, for the consideration and disposition of the President, the following remarks in relation to them:

In presenting the proposed regulations, the board of revision were not so presumptuous as to expect they could give universal satisfaction. A system comprising the whole present and future general administration and police of the persons belonging to or employed in the navy, embraces many points upon which honest differences of opinion have and probably ever will exist among those upon whom they are to operate, and by whom they are to be administered. Such differences of opinion prevailed in the board upon some of the articles; they were freely discussed and carefully considered before a final decision was made. The greater number of the articles were, however, adopted unanimously, some with one dissentient vote, and a few by a simple majority.

Although perspicuity and precision were objects of solicitude with the board, their success has not, in some instances, equaled their wishes, and they are pleased with the present opportunity to notice and amend these as well as other defects which have been discovered.

The first objection is made to the second article, because "it gives to the commanding officer power to place a junior officer over his senior, and opens the door to favoritism."

If the article confers this power, it is one of those instances in which the board have failed to express their intentions; for no such grant of power was contemplated, nor can they now perceive where it is to be found. Although not stated in the objection, it is supposed that reference could only have been intended to the exception in relation to acting appointments. If this supposition be correct, it may be observed that the article makes no provision for, nor has any relation to, the principles and rules which are to govern persons making such appointments. These are to be sought elsewhere. This article supposes them to be properly made; and if so made, the terms of it appear not only unexceptionable, but unavoidable. An officer duly appointed to any rank must, of necessity, and upon every principle of military service, command all of inferior rank while he is so acting. To give him that power is the very object of giving him the appointment. The objection, if applicable at all, must refer to the regulations which give the power and prescribe the limitations under which commanding officers may make such appointments. These are to be found in chapter 2, articles 15, 16, 17, 18, 19, 20 and 33.