from, or ordered again into the service, or until a court martial shall be held to enquire into the loss of such ship or vessel; and if by the sentence of such court, or other satisfactory evidence, it shall appear that all or any of the officers and men of such ship's company did their utmost to preserve her, and after the loss thereof behaved themselves agreeably to the discipline of the navy, then the pay and emoluments of such officers and men, or such of them as shall have done their duty as aforesaid, shall go on until their discharge or death; and every offcer or private ho shall, after the loss of such vessel, act contrary to the discipline of the navy, shall be punished at the discretion of a court martial, in the same manner as if such vessel had not been so lost.

54. SECT. IV. All the pay and emoluments of such officers and men, of any of the ships or vessels of the united states taken by an enemy, who shall appear by the sentence of a court martial, or otherwise, to have done their utmost to preserve and defend their ship or vessel, and, after the taking thereof, have behaved themselves obediently to their superiors, agreeally to the discipline of the navy, shall go on and be paid them until their death, exchange, or discharge.

55. SECT. V. The proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, shall, when of equal or superior force to the vessel or vessels making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the united states and the officers and men making the capture.

56. SECT. VI. The prize money, belonging to the officers and men, shall be distributed in the following manner:

I. To the commanding officers of fleets, squadrons, or single ships, three twentieths, of which the commanding officer of the fleet or squadron shall have one twentieth, if the prize be taken by a ship or vessel acting under his command, and the commander of single ships, two twentieths; but where the prize is taken by a ship acting independently of such superior officer, the three twentieths shall belong to her commander.

II. To sea lieutenants, captains of marines, and sailing masters, two twentieths; but where there is a captain, without a lieutenant of marines, these officers shall be entitled to two twentieths and one third of a twentieth, which third, in such case, shall be deducted from the share of the officers mentioned in article No. III. of this section. III. To chaplains, lieutenants of marines, surgeons, pursers, boatswains, gunners, carpenters, and masters mates, two twentieths.

IV. To midshipmen, surgeons mates, captains clerks, schoolmasters, boatswains mates, gunners mates, carpenters mates, ships stewards, sailmakers, masters at arms, armorers, cockswains, and coopers, three twentieths and an half.

V. To gunners yeomen, boatswains yeomen, quarter masters, quar ter gunners, sailmakers mates, serjeants and corporals of marines, drummers, fifers and extra petty officers, two twentieths and an half.

VI. To seamen, ordinary seamen, marines, and all other persons doing duty on board, seven twentieths.

VII. Whenever one or more public ships or vessels are in sight at the time any one or more ships are taking a prize or prizes, they shall all share equally in the prize or prizes, according to the number of men and guns on board each ship in sight.

No commander of a fleet or squadron shall be entitled to receive any share of prizes taken by vessels not under his immediate command; nor of such prizes as may have been taken by ships or vessels intended to be placed under his command, before they have acted under his immediate orders; nor shall a commander of a fleet or squadron, leaving the station where he had the command, have any share in the prizes taken by ships left on such station, after he has gone out of the limits of his said command.

57. SECT. VII. A bounty shall be paid by the united states, of twenty dollars, for each person on board any ship of an enemy at the commencement of an engagement, which shall be sunk or destroyed by any ship or vessel belonging to the united states of equal or inferior force, the same to be divided among the officers and crew in the same manner as prize money.

58. SECT. VIII. Every officer, seaman or marine, disabled in the line of his duty, shall be entitled to receive for life, or during his disability, a pension from the united states according to the nature and degree of his disability, not exceeding one half his monthly pay.

59. SECT. IX. All money accruing, or which has already accrued to the united states from the sale of prizes, shall be and remain forever a fund for the payment of pensions and half pay, should the same be hereafter granted, to the officers and seamen who may be entitled to receive the same; and if the said fund shall be insufficient for the purpose, the public faith is hereby pledged to make up the deficiency; but if it should be more than sufficient, the surplus shall be applied to the making of further provision for the comfort of the disabled officers, seamen, and marines, and for such as, though not disabled, may merit by their bravery, or long and faithful services, the gratitude of their country.

SECT. X. The said fund shall be under the management and direction of the secretary of the navy, the secretary of the treasury, and the secretary of war, for the time being, who are hereby authorized to receive any sums to which the united states may be entitled from the sale of prizes, and employ and invest the same, and the interest arising therefrom, in any manner which a majority of them may deem most advantageous: And it shall be the duty of the said commissioners to lay before congress, annually, in the first week of their session, a minute statement of their proceedings relative to the management of Said fund.

SECT. XI. repeals the former act for the government of the navy.

ACT of March 3, 1801. (Vol. V. p. 280.)

60. SECT. I. The president of the united states shall be, and he hereby is authorized, whenever the situation of public affairs shall in his opinion render it expedient, to cause to be sold, they being first divested of their guns and military stores, which are to be carefully preserved, all or any of the ships and vessels belonging to the navy, except the frigates United States, Constitution, President, Chesapeake, Philadelphia, Constellation, Congress, New-York, Boston, Essex, Adams, John Adams, and General Greene ;* and also to lay up all the frigates thus to be retained, except such as are directed by this act to be kept in constant service in time of peace.

61. SECT. II. Six of the frigates to be retained shall be kept in constant service in time of peace, and shall be officered and manned as the president of the united states may direct, not to exceed however two thirds of the present complement of seamen, and ordinary scamen; the residue of the frigates to be retained shall be laid up in convenient ports, and there shall be permanently attached to each frigate so laid up, one sailing master, one boatswain, one gunner, one carpenter, and one cook, one serjeant or corporal of marines, and eight marines; and to the large frigates twelve, and to the small frigates ten seamen; the sailing master shall have the general care and superintendence of the ship; and shall generally execute such duties of a purser as may be


62. SECT. III. From and after the day when the reduction of the navy shall take place as aforesaid, the navy ration shall consist of as follows: On Sunday, fourteen ounces of bread, one and a quarter pound of beef, half a pound of flour, one quarter of a pound of suet, one half pint of distilled spirits; Monday, fourteen ounces of bread, one pound of pork, half pint of pease, one half pint of distilled spirits; Tuesday, fourteen ounces of bread, one pound of beef, two ounces of cheese, one half pint of distilled spirits; Wednesday, fourteen ounces of bread, one pound of pork, half pint of rice, one half pint of distilled spirits; Thursday, fourteen ounces of bread, one and a quarter pound of beef, half pound of flour, quarter pound of suet, one half pint of distilled spirits; Friday, fourteen ounces of bread, four ounces of cheese, two ounces of butter, half pint of rice, half pint of molasses, one half pint of distilled spirits; Saturday, fourteen ounces of bread, one pound of pork, half pint of pease, half pint of vinegar, one half pint of distilled spirits.

63. SECT. IV. The president of the united states shall retain in the navy service in time of peace, nine captains, thirty-six lieutenants, and one hundred and fifty midshipmen, including those employed on board of the six frigates to be kepin service; and he shall be authorized to

Frigates of 41 guns, United States, Constitution, President, Chesapeake,Philadelphia. Of 36 guas, Constellation, Congress, New-York.-Of 32 guns, Boston, Essex. Of 32 guns, but smaller than the two preceding vessels, Adams, John Adams, General Greene.-Of 12 guns, schooner Enterprize, retained as a tender.

discharge all the other officers in the navy service of the united states, but such of the aforesaid officers as shall be retained in the service shall be entitled to receive no more than half their monthly pay during the time when they shall not be under orders for actual service.

64. SECT. V. All the commissioned and warrant officers, who shall be discharged as aforesaid, shall be entitled to receive four months pay over and above what may be due to them respectively at the time of their discharge.

ACT of February 6,† 1802. (Vol. VI. p. 8.)

65. SECT. I. Whereas the regency of Tripoli,* on the coast of Barbary, has commenced a predatory warfare against the united states: It is enacted, That it shall be lawful fully to equip, officer, man, and employ such of the armed vessels of the united states as may be judged requisite by the president of the united states, for protecting effectually the commerce and seamen thereof on the atlantic ocean, the mediterranean and adjoining seas.

66. SECT. II. It shall be lawful for the president of the united states to instruct the commanders of the respective public vessels aforesaid, to subdue, seize and make prize of all vessels, goods and effects, belonging to the bey of Tripoli, or to his subjects, and to bring or send the same into port, to be proceeded against, and distributed according to law; and also to cause to be done all such other acts of precaution or hostility as the state of war will justify, and may, in his opinion, require.

67. Secт. III. On the application of the owners of private armed vessels of the united states, the president of the united states may grant to them special commissions, in the form which he shall direct, under the seal of the united states; and such private armed vessels, when so commissioned, shall have the like authority for subduing, seizing, taking and bringing into port, any Tripolitan vessel, goods or effects, as the before mentioned public armed vessels may by law have; and shall therein be subject to the instructions which may be given by the president of the united states for the regulation of their conduct; and their commissions shall be revocable at his pleasure: Provided, That before any commission shall be granted, as aforesaid, the owner or owners of the vessel for which the same may be requested, and the commander thereof, for the time being, shall give bond to the united states, with at least two responsible sureties, not interested in such vessel, in the penal sum of seven thousand dollars; or, if such vessel be provided with more than one hundred and fifty men, in the penal sum of fourteen thousand dollars, with condition for observing the trea

†The reader will correct the error in the Appendix, page 59 (note) as to the time of passing this act: Also another error in same, page 83 (note) where the act making appropriations for the purpose of carrying into effect the convention between the united states and France is said to be passed April 2, 1802, instead of April 3. These mistakes arose from consulting newspapers, published by authority, before the editor could get the laws of the last session in any other form

See treaty with Tripoli, in Appendix, page 57.

ties and laws of the united states, and the instructions which may be given, as aforesaid; and also, for satisfying all damages and injuries which shall be done, contrary to the tenor thereof, by such commissioned vessel; and for delivering up the commission, when revoked by the president of the united states.

68. SECT. IV. Any Tripolitan vessel, goods or effects, which shall be so captured and brought into port by any private armed vessel of the united states, duly commissioned, as aforesaid, may be adjudged good prize, and thereupon shall accrue to the owners and officers, and men of the capturing vessel, and shall be distributed according to the agreement which shall have been made between them, or, in failure of such agreement, according to the discretion of the court having cognizance of the capture.

69. SECT. V. The seamen may be engaged to serve in the navy of the united states for a period not exceeding two years; but the president may discharge the same sooner, if in his judgment, their services may be dispensed with.

[See Arny 1. Duties, collection of, 98. Navy Department. 21, 22. United States 5.]


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1. SECT. I. There shall be an executive department under the denomination of the department of the navy, the chief officer of which shall be called the secretary of the navy, whose duty it shall be, to execute such orders as he shall receive from the president of the united states, relative to the procurement of naval stores and materials, and the construction, armament, equipment and employment of vessels of war, as well as all other matters connected with the naval establishment of the united states.

2. SECT. II. A principal clerk and such other clerks as he shall think necessary, shall be appointed by the secretary of the navy, who shall be employed in such manner as he shall deem most expedient. In case of vacancy in the office of the secretary, by removal or otherwise, it shall be the duty of the principal clerk to take the charge and custody of all the books, records and documents of the said office.

SECT. III. is obsolete.

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