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16 July 1862.

moted for distin guished services.

tion, if, upon the recommendation of the president, he receives the thanks of congress for highly meritorious conduct in conflict with the enemy. Seamen distinguishing Seamen to be prothemselves in battle, or by extraordinary heroism in the line of their profession, may be promoted to forward warrant officers or acting masters' mates, as they may be best qualified, upon the recommendation of their commanding officer, approved by the flag officer and the department; upon such promotion, they shall receive a gratuity of one To receive gratu hundred dollars, and a medal of honor to be prepared by the navy department. (a)

18. The relative rank between officers of the navy and the army shall be as follows, lineal rank only to be considered:

ity and medal of
honor.
Ibid. 13.
Relative rank.

Rear admirals with major-generals.
Commodores with brigadier-generals.
Captains with colonels.

Commanders with lieutenant-colone's.
Lieutenant-commanders with majors.
Lieutenants with captains.

Masters with first lieutenants.

Ensigns with second lieutenants.

promoted until

19. No line officer of the navy, upon the active list, below the grade of commodore, nor any other naval officer, shall be promoted to a higher grade until his mental, moral and professional fitness to perform all his duties at sea shall be established to the satis- Officers not to be faction of a board of examining officers to be appointed by the president of the United after examinaStates. And such board shall have power to take testimony, the witnesses when tion. present to be sworn by the president of the board, and to examine all matter on the files and records of the department in relation to any officer whose case shall be considered by them.

20. Such examining board shall consist of not less than three officers, senior in rank to the officer to be examined.

21 April 1864 3 1.

lo Stat. 53.

Ibid. 2.

tion.

21. Any officer to be acted upon by said board shall have the right to be present, if Ibid. 23. he desires it; and his statement of his case, on oath, and the testimony of witnesses on officers to be prehis examination, shall be recorded. And any matter on the files and records of the sent at examinadepartment touching each case as may, in the opinion of the board, be necessary to assist Record to be subthem in making up their opinion, shall, together with the whole record and finding, be mitted to the presented to the president for his approval or disapproval of the finding. And no officer shall be rejected until after such public examination of himself and the records of the department in his case, unless he fails to appear before said board, after having been duly notified.

president.

Ibid. 24.

22. No officer in the naval service shall be promoted to a higher grade therein upon the active list, until he has been examined by a board of naval surgeons, and pronounced No officer to be physically qualified to perform all his duties at sea.(b) And all officers whose cases shall promoted unless have been acted upon by the aforesaid boards, and who shall not have been recom- fed. mended for promotion by both of them, shall be placed upon the retired list.

physically quali

for

23. All officers not recommended for promotion under the fourth section of an act Ibid. § 5. entitled "An act to establish and equalize the grades of line officers of the United Certain officers States navy," approved July 16th 1862, shall have the right to present themselves for may present examination, according to the provisions of this act, and if found duly qualified, and examination. such finding be approved by the president of the United States, they shall be promoted to the same grade and place as if they had been recommended by the board, and shall receive the corresponding pay, according to the service which they have performed from the date of their rank to that of their promotion. (c) And no further promotions shall be made upon the active list, until the number in each grade is reduced to that provided by law.

Ibid. § 6.

24. Any officer in the naval service, by and with the advice and consent of the senate, may be advanced not exceeding thirty numbers, in his own grade, for distinguished Officers may be conduct in battle or extraordinary heroism.

advanced, &c.

(a) So amended by act 17 May 1863, 3. 13 Stat. 79.

(b) By act 28 July 1866, this is not to be construed to exclude from the promotion to which he would otherwise be regularly entitled, any officer in whose case such medical board shall report that his physical disqualification was occasioned by wounds received in the line of his duty, and that such wounds do not inca

Ibid. 7.

25. The president of the United States shall appoint paymasters of the fleet, and engineers of the fleet, in the same manner and with the same rank and pay as fleet surgeons. Fleet paymasters And the retired pay of surgeons, paymasters, engineers and other staff officers in the and engineers. navy shall be the same as that of the retired officers of the line of the navy with whom they have relative rank.

26. That the corps of commanders in the navy of the United States on the active list 25 June 1864 21. be temporarily increased, so as to embrace all who had been appointed as such prior to

13 Stat. 184.

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25 June 1864. Number of com

the commencement of the present session of congress, under that construction of the law which then prevailed in the navy department: Provided, That the number hereby manders tempo- allowed shall not exceed ninety-one: And provided further, That no further appoint

rarily

ments of commanders shall be made on the active list, till the number, by deaths, dismissals, resignations or otherwise, shall be reduced to seventy-two.

27. The president of the United States is hereby authorized, if in his judgment it shall be conducive to the interest of the service, to give assimilated rank to the warrant Assimilated rank officers of the navy, viz.: boatswains, gunners, carpenters and sailmakers, as follows:

of warrant offi

cers.

after five years of service to rank with ensigns; and after ten years' service to rank with masters.

2 July 1864 1. 13 Stat. 393.

Ibid. 2. Title of warrant officers. 21 Dec. 1864 1. 13 Stat. 420. Vice-adiniral to be appointed.

Ibid. 2. Pay of vice-admiral.

Ibid. 3.

Not to be liable to be retired.

24 Jan. 1865 1. 13 Stat. 424. Certain officers may be advanced in rank.

Ibid. § 2. To be promoted though the grade

be full.

3 March 1865 1. 13 Stat. 539.

(6

28. The officers named in the preceding section shall be known as warrant officers in the naval service of the United States," and shall be so entered upon the naval register.

Promotion to rank of rear admiral.

29. That the president of the United States be and he is hereby authorized and empowered, by and with the advice and consent of the senate, to appoint one viceadmiral, who shall be selected from the list of active rear admirals, and who shall be the ranking officer in the navy of the United States; and whose relative rank with officers of the army shall be that of lieutenant-general in the army.

30. The pay of the vice-admiral of the navy shall be seven thousand dollars when at sea, six thousand dollars when on shore duty, and five thousand dollars when waiting orders. "And he shall be allowed a secretary, with the rank and sea pay and allowance of a lieutenant in the navy."(a)

Ibid. 5.

31. The first section of an act, approved December 21st 1861, (b) entitled "An act further to promote the efficiency of the navy," shall not be so construed as to apply to any one holding a commission as vice-admiral in the navy.

32. Any officer of the navy or marine corps, by and with the advice and consent of the senate, may be advanced, not exceeding thirty numbers in rank, for having exhibited eminent and conspicuous conduct in battle, or extraordinary heroism.

33. Any officer of the navy or marine corps, either of volunteers or otherwise, who shall be nominated to a higher grade by the provisions of the first section of this act, or of that of section nine of an act entitled "An act to establish and equalize the grades of line officers of the United States navy," approved July 16th 1862, (c) shall be promoted, notwithstanding the number of said grade may be full; but no further promotions shall take place in that grade, except for like cause, until the number is reduced to that provided by law.

Ibid. 2.

35. Mates may be rated, under authority of the secretary of the navy, from seaMates, how rated. men and ordinary seamen who have enlisted in the naval service for not less than

34. Acting masters' mates shall be styled mates; (d) and the secretary of the navy is hereby authorized to increase their pay to sum not exceeding sixty dollars per month.

two years; and such rating of an enlisted man, or his appointment as an officer, shall not discharge him from his enlistment.

Ibid. 23.

36. No person appointed or rated an officer or clerk in the navy shall receive any bounty while holding an appointment.

25 July 1866 1. 14 Stat. 222. Officers of the

37. The number allowed in each grade of line officers on the active list of the navy shall be one admiral, one vice-admiral, ten rear admirals, twenty-five commodores, fifty active list of the captains, ninety commanders, one hundred and eighty lieutenant-commanders, one hun

navy.

dred and eighty lieutenants, one hundred and sixty masters, one hundred and sixty ensigns, and in other grades the number now allowed by law: Provided, That the increase in the grades authorized by this act shall be made by selection from the grade next below of officers who have rendered the most efficient and faithful service during the recent war, and who possess the highest professional qualifications and attainments. And nothing in this act shall preclude the advancement in rank now authorized by law for distinguished conduct in battle, or for extraordinary heroism: And provided further, That nothing in this act, nor in the 14th section of the act approved July 16th 1862, (e) entitled "An act to establish and equalize the grade of the line officers of the navy," shall be so construed as to prevent the secretary of the navy from promoting to the grade of rear admiral on the retired list, those commodores who have commanded squadrons by order of the secretary of the navy, or who have performed other highly meritorious service.

38. Lieutenant-commanders may be assigned to duty as navigation and watch officers on board of vessels of war, as well as first lieutenants of naval stations and of ships of

war.

39. Naval constructors and first and second assistant engineers in the navy shall be

Ibid. 7.

(a) So amended by act 16 May 1866. 14 Stat. 48.

(b) Infra 157.

(c) Supra 16.

(d) An acting master's mate is not a warrant officer of the navy. 11 Opin. 251.

(e) See infra 163.

appointed by the president and confirmed by the senate, and shall have naval rank and 25 July 1866. pay as officers of the navy.

14 Stat. 515.

the ranking offi

40. So much of the "Act to establish the grade of vice-admiral in the United States 2 March 1867 ? 1. navy," approved December 21, 1864, (a) as provides that the vice-admiral shall be the ranking officer in the navy of the United States, shall be considered as having been Admiral to be repealed by the act approved July 25, 1866, establishing the grade of admiral, who shall cer of the navy. be the ranking officer of the navy; and the sixth section of the act last named is hereby so amended, that the secretary of the admiral shall be entitled to the rank, sea pay and allowances of a lieutenant in the navy, such pay and allowances to date from the acceptance of his appointment, deducting any pay already received by him under said appointment.

41. The number of persons authorized to be enlisted into the navy of the United 17 June 1868 2. States, including seamen, ordinary seamen, landsmen and mechanics, and including apprentices and boys, is hereby fixed and established at eight thousand five hundred Number of seaand no more.

15 Stat. 72.

men, &c.

II. LETTERS OF MARQUE.

12 Stat. 758.

42. In all domestic and foreign wars, the president of the United States is authorized 3 March 1863 2 1. to issue to private armed vessels of the United States, commissions or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the President may United States, and make all needful rules and regulations for the government and conduct thereof, and for the adjudication and disposal of the prizes and salvages made by such vessels: Provided, That the authority conferred by this act shall cease and terminate at the end of three years from the passage of this act.

issue letters of marque.

III. RULES FOR THE GOVERNMENT OF THE NAVY.

12 Stat. 600.

manders.

43. That from and after the first day of September next, the following articles be 17 July 1862 § 1. adopted, and put in force for the government of the navy of the United States: ART. I. The commanders of all fleets, squadrons, naval stations and vessels belong- Conduct of coming to the navy, are strictly enjoined and required to show in themselves a good example of virtue, honor, patriotism and subordination; to be vigilant in inspecting the conduct of all who may be placed under their command; to guard against and suppress all dissolute and immoral practices, and to correct all who may be guilty of them, according to the laws and regulations of the navy, upon pain of such punishment as a general court martial may think proper to inflict.

44. ART. II. The commanders of vessels and naval stations, to which chaplains are Divine service. attached, shall cause divine service to be performed on Sunday, whenever the weather and other circumstances will allow it to be done; and it is earnestly recommended to all officers, seamen and others in the naval service, diligently to attend at every performance of the worship of Almighty God. Any irreverent or unbecoming behavior during divine service shall be punished as a general or summary court martial shall direct.

45. ART. III. The punishment of death, or such other punishment as a court mar- Capital offences. tial shall adjudge, may be inflicted on any person in the naval service

I. Who shall make or attempt to make or unite with any mutinous assembly, or Mutiny. knowing of the same, or of any intended mutiny, shall not forthwith communicate it to his superior or commanding officer, or, being witness to or present at any mutiny, shall not do his utmost to suppress it;

II. Or shall disobey the lawful orders of his superior officer, or strike or assault, or Disobedience. attempt or threaten to strike or assault him, while in the execution of the duties of his office;

the enemy.

III. Or shall give, hold or entertain any intercourse or intelligence to or with any Intercourse with enemy or rebel, without leave from the president of the United States, the secretary of the navy, the commander-in-chief of the fleet, or the commander of a squadron; or, in case of a vessel acting singly, from his commanding officer;

IV. Or shall desert, or entice others to desert, to an enemy or rebel; (b)

Desertion.

ges from the

V. Or shall receive any message or letter from an enemy or rebel, or be aware of the Receiving messa unlawful reception of such letter or message, and fail to take the earliest opportunity enemy. to inform his superior or commanding officer thereof;

VI. Or shall, in time of war, desert or betray his trust, or entice or aid others to Sleeping upon desert or betray their trust, or shall sleep upon his watch, or leave his station before watch, &c. regularly relieved;

&c.

VII. Or shall intentionally or wilfully suffer any vessel of the navy to be stranded Stranding vessel, or run upon rocks or shoals, or improperly hazarded, or shall wilfully or maliciously injure any vessel of the navy, or any part of her tackle, armament or equipment, whereby

(a) See supra 29. may be found guilty of attempting to desert. Dynes v. Hoover, (b) A seaman charged, before a court martial, with desertion, 20 How. 65.

17 July 1862.

Striking the flag.

Cowardice,

Neglecting to prepare for action.

Spies.

Murder.

Imprisonment for life.

Cruelty.

Scandalous conduct.

Quarrelling, &c.

Disrespect.

Negligence.

Making false

muster.

Negligent loss of vessel.

Plundering, &c.

the safety of the vessel shall be hazarded, or the lives of the crew exposed to danger; or shall set on fire, or otherwise unlawfully destroy, any public property not then in the possession of an enemy, pirate or rebel;

VIII. Or shall strike or attempt to strike the flag to an enemy or rebel without proper authority, or when engaged in battle, shall treacherously yield, or pusillanimously cry for quarter;

IX. Or shall, in time of battle, display cowardice, negligence or disaffection, or withdraw from or keep out of danger to which he should expose himself; or shall desert his duty or station, or entice others to do so; or shall not properly observe the orders of his commanding officer, and use his utmost exertions to carry them into execution, when ordered to prepare for, join in, or when actually engaged in battle, or while in sight of an enemy;

X. Or when commanding a fleet, squadron or vessel acting singly, shall, upon the probability of an engagement, or on sight of any armed vessel of an enemy or rebel, neglect to prepare and clear his ship for action; or shall not, upon signal for battle, use his utmost exertions to join in battle, or shall fail to encourage in his own person his inferior officers and men to fight courageously; or shall not do his utmost to overtake and capture or destroy any vessel which it is his duty to encounter; or shall not afford all practicable relief and assistance to vessels belonging to the United States or their allies when engaged in battle.

46. ART. IV. Spies, and all persons who shall come or be found in the capacity of spies, or who shall bring or deliver any seducing letter or message from an enemy or rebel, or endeavor to corrupt any person in the navy to betray his trust, shall suffer death, or such other punishment as a court martial shall adjudge.

ART. V. The crime of murder, when committed by an officer, seaman, marine or other person belonging to any public ship or vessel of the United States, without the territorial jurisdiction of the same, may be punished with death by the sentence of a court martial.

Refusing to ar rest offenders.

47. ART. VI. In any case where a naval court martial is authorized to adjudge the punishment of death, it may sentence the person convicted to imprisonment for life, or for a stated term, at hard labor; and such sentences of imprisonment and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, or the use of which shall be allowed by the legislature of a state. And persons convicted by a court martial and imprisoned in the prison or penitentiary of any state or territory, shall in all respects be subject to the same discipline and treatment, and under the same control, as convicts sentenced by the courts of the state or territory in which such prison or penitentiary is situated.

48. ART. VII. Such punishment as a court martial shall adjudge may be inflicted on any person in the navy;

I. Who shall be guilty of cruelty, oppression or maltreatment of those subject to his orders;

VI. Or shall knowingly make or sign, or shall aid, abet, direct or procure the making or signing of any false muster; or shall execute, or attempt or countenance any fraud Embezzlement. against the United States; or shall waste, embezzle or fraudulently buy, sell or receive

any ammunition, provisions or other public stores, or, having the power to prevent it, shall knowingly permit such waste, embezzlement, sale or receipt;

II. Or shall be guilty of profane swearing, falsehood, drunkenness, gambling, fraud, theft, or any other scandalous conduct tending to the destruction of good morals;

III. Or shall quarrel with, strike or assault any other person in the navy, or use provoking or reproachful words, gestures or menaces, or endeavor to foment quarrels between other persons in the navy, or send or accept a challenge to fight a duel, or act as second in a duel;

IV. Or shall treat with contempt his superior officer, or be disrespectful to him in language or deportment whilst in the execution of his office; or shall join in or abet any combination to weaken the lawful authority of, or lessen the respect due to his commanding officer;

V. Or shall be negligent or careless in obeying orders, or culpably inefficient in the performance of duty;

VII. Or shall, through inattention or negligence, suffer any vessel of the navy to be stranded, or run upon a rock or shoal, or hazarded;

VIII. Or shall, when on shore, plunder, abuse or maltreat any inhabitant, or injure his property in any way;

IX. Or shall refuse or fail to use his utmost exertions to detect, apprehend and bring to punishment all offenders, and aid and assist all persons appointed for the purpose; X. Or shall, in time of peace, desert or attempt to desert, or aid or entice others to

desert; or shall be absent from his station or duty without leave, or after his leave shall have expired; (a)

17 July 1862. Deserting in time

XI. Or shall, when rated or acting as master-at-arms, refuse to receive such prisoners of peace. Escapes. as shall be committed to his charge, or having received them shall suffer them to escape, or dismiss them without orders from the proper authority;

XII. Or shall, when attached to any ship or vessel appointed as convoy to merchant Extortion. or other vessels, fail diligently to perform his duty, or shall demand or exact any compensation for his services, or shall maltreat the officers or crews of such merchant or other vessels;

XIII. Or shall take, receive or permit to be received on board the vessel to which he Receiving freight. is attached, any goods or merchandise for freight, sale or traffic, except gold, silver or jewels, for freight or safe-keeping; or shall demand or receive any compensation for the receipt or transportation of any other article than gold, silver or jewels, without authority from the president of the United States or the secretary of the navy;

XIV. Or shall violate or refuse obedience to any lawful general order or regulation Disobedience. issued by the secretary of the navy.

49. ART. VIII. All offences committed by persons belonging to the navy, which are Other offences. not specified in the foregoing articles, shall be punished as a court martial shall direct;

but in no case shall punishment by flogging be inflicted, nor shall any court martial Flogging aboladjudge punishment by flogging.

50. ART. IX. All offences committed by persons belonging to the navy, while on offences on shore. shore, shall be punished in the same manner as if they had been committed at sea.

51. ART. X. No commander of a vessel of the navy shall inflict any other punish- Power of comment upon a commissioned or warrant officer than private reprimand, suspension from manding of corn. to inflict punishduty, arrest or confinement, neither of which shall continue longer than ten days, ment. except a further period be necessary to bring the offender to a court martial; nor shall he inflict, or cause or permit to be inflicted upon any petty officer or person of inferior rating, or marine, any punishment for a single offence, or at any one time other than one of the following punishments, viz.:

I. Reduction of any rating established by himself.

II. Confinement with or without irons, single or double, such confinement not to exceed ten days, unless necessary in the case of a prisoner to be tried by court martial. III. Solitary confinement on bread and water not exceeding five days.

IV. Solitary confinement not exceeding seven days.

V. Deprivation of liberty on shore.

VI. Extra duties.

No other punishment shall be permitted on board of vessels belonging to the navy, except by sentence of a general or summary court martial. Summary court martials may disrate any rated person for incompetency. All punishments inflicted by the commander, or by his order, except reprimands, shall be fully entered upon the ship's log.

Punishments.

martial.

52. ART. XI. General courts martial may be convened as often as the president of General courts the United States, the secretary of the navy, or commander-in-chief of a fleet or a squadron, shall deem it necessary: Provided, That in the waters of the United States no commander-in-chief of a fleet or squadron shall convene a general court martial, unless by express authority from the president of the United States: Provided also, That no general court martial shall consist of more than thirteen nor less than five commissioned officers as members; and as many officers shall be summoned on every such court as can be convened without injury to the service, so as not to exceed thirteen; and the senior officer shall always preside, the others taking place according to their rank; and in no case, where it can be avoided without injury to the service, shall more than one-half the members, exclusive of the president, be junior to the officer to be tried.

53. ART. XII. The president of the court is authorized and required to administer Oath of judge adthe following oath or affirmation to the judge advocate or person officiating as such:

vocate.

"I, A. B., do swear (or affirm) that I will keep a true record of the evidence given to and the proceedings of this court; nor will I divulge or by any means disclose the sentence of the court, until it shall have been approved by the proper authority; nor will I, at any time, divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice, in due course of law."

This oath or affirmation being duly administered, each member of the court, before Oath of members. proceeding to trial, shall take the following oath or affirmation, which the judge advocate, or person officiating as such, is hereby authorized to administer :

"I, A. B., do swear (or affirm) that I will truly try, without prejudice or partiality, the case now depending, according to the evidence which shall come before the court, the rules

(a) The act 16 May 1864. ? 2, provides that naval courts martial from their commands, without leave, to be reduced to the rating shall have power to sentence officers who shall absent themselves of ordinary seamen, 13 Stat. 75.

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