SEC. I. BE it enacted by the Senate and House of Representatives of the United States of America, in Con­gress assembled, That the following rules and regula­tions be adopted and put in force, for the government of the navy of the United States.

ARTICLE 1. The commanders of all ships and vessels belonging to the United States, are strictly re­quired to shew in themselves a good example, of ho­nor and virtue to their officers and men, and to be ve­ry vigilant in inspecting the behaviour of all such as are under them, and to discountenance and suppress, all dissolute, immoral, and disorderly practices, and also such as are contrary to the rules of discipline and obedience, and to correct those who are guilty of the same, according to the usage of the sea service.

2. The commanders of the ships of the United States, having on board chaplains, are to take care, that di­vine service be performed twice a day, and a sermon preached on Sundays, unless bad weather, or other ex­traordinary accidents prevent.

3. Any person who shall be guilty of profane swear­ing, or of drunkenness, if a seaman or marine, shall be [Page 4] put in irons until sober, and then slogged if the cap­tain shall think proper—but if an officer, he shall for­feit two days pay, or incur such punishment as a court martial shall impose, and as the nature and de­gree of the offence shall deserve.

4. No commander, for any one offence, shall inflict any punishment upon a seaman or marine beyond twelve lashes upon his bare back with a cat of nine tails, and no other cat shall be made use of on board any ship of war, or other vessel belonging to the United States—if the fault shall deserve a greater punishment, he is to apply to the Secretary of the Navy, the com­mander in chief of the navy, or the commander of a squadron, in order to the trying of him by a court martial; and in the mean time he may put him under confinement.

5. The commander is never by his own authority to discharge a commission or warrant officer, nor to pu­nish or strike him, but he may suspend or confine him, and when he comes in the way of the Secretary of the Navy, the commander in chief of the navy, or the commander of a squadron, may apply for holding a court martial.

6. The officer who commands by accident in the captain or commander's absence (unless he be absent for a time by leave) shall not order any correction but confinement, and upon the captain's return on board, he shall then give an account of his reasons for so do­ing.

7. The captain is to cause the articles of war to be hung up in some public place of the ship, and read to the ship's company once a month.

8. Whenever a captain shall enter or inlist a seaman, he shall take care to enter on his books, the time and terms of his entering, in order to his being justly paid.

9. The captain shall, before he sails, make return to the Secretary of the Navy, a complete list of all his officers and men, with the time and terms of their en­tering, and during his cruise or station, shall keep a [Page 5] true account of the desertion or death of any of them, and of the entering of others, and after the expiration of the time for which they were entered, and before any of them are paid off, he shall make return of a complete list of the same, including those who shall remain on board his ship.

10. The men shall, at their request, be furnished with slops that are necessary, by order of the captain, and the amount delivered to each man, shall be regu­larly returned by the purser, so that the same be stopt out of his pay.

11. All officers not having commissions or warrants, (or appointed commission or warrant officers for the time being) are termed petty, or inferior officers.

12. Whenever any inferior officer, seaman, or other person, be turned over into the ship of a commander other than the one with whom he entered, he is not to be rated on the ship's books, in a worse quality, or lower degree or station, than he served in the ship he was removed from; and for the guide of the captain, he is to demand from the commander of the ship from which such person or persons were turned over, a list, under his hand, of his or their names, and the quali­ty in which he or they served.

13. Any officer, seaman or others, entitled to wages or prize money, may have the same paid to his assignee, provided the assignment be attested by the captain and the purser; but the captain or commander of every vessel in the service of the United States, is to discou­rage his crew from selling any part of their wages or prize money, and never to attest the letter of attor­ney until he is satisfied that the same is not granted in consideration of money given for the purchase of wages, or shares of prize money.

14. When any officer or other person dies, the cap­tain is forthwith to have his name entered on the books of the ship, in order to the wages being forth­with paid to his executors or administrators.

15. [Page 6] A convenient place shall be set apart for the sick or hurt men, to which they are to be removed with their hammocks and bedding, when the surgeon shall advise the same to be necessary, and some of the crew shall be appointed to attend them, and keep the place clean;—cradles and buckets, with covers, shall be made for their use, if necessary.

16. All ships furnished with fishing tackle, being in such places where fish is to be had, the captain is to employ some of the company in fishing.—The fish to be daily distributed to such persons as are sick, or up­on recovery, provided the surgeon recommend it, and the surplus, by turns, amongst the messes of the offi­cers and seaman, gratis, without any deduction of their allowance of provisions on that account.

17. It is left to the discretion of commanders of squa­drons, to shorten the allowance of provisions accor­ding to the exigence of the service, taking care that the men be punctually paid for the same—the like power is given to captains of ships acting singly, where it is deemed necessary, and if there should be a want of pork, the captain is to order three pounds of beef to be issued in lieu of two pounds of pork.

18. If any ships of the United States shall happen to come into port in want of provisions, the warrant of the commander of the squadron, or a captain where there is no commander of a squadron present, shall be sufficient to procure the supply of the quanti­ty wanted, from the agent, or navy agent at such port.

19. The captains are frequently to cause to be ins­pected the condition of the provision, and if the bread proves damp, to have it aired upon the quar­ter deck, and other convenient places, and in case of the pickle being leaked out of the flesh casks, he is to have new pickle made and put therein, after such casks are repaired.

20. The captain shall cause the purser to secure the cloaths, bedding and other things, of such persons as [Page 7] shall die or be killed, to be delivered to their execu­tors or administrators.

21. All papers, charter-parties, bills of lading, passports, and other writings whatsoever, found on board any ship or ships which shall be taken, shall be carefully preserved and the originals sent to the court of justice for maritime affairs, appointed or to be ap­pointed for judging concerning such prize or prizes, and if any person or persons shall willfully or negli­gently destroy or suffer to be destroyed any such pa­per or papers, he or they so offending shall forfeit his or their share of such prize or prizes, and suffer such other punishment as they shall be judged by a court martial to deserve; and if any person or persons shall embezzle or steal, or take away any cables, anchors, sails or any of the ships furniture, or any of the powder, arms, ammunition, or provisions of any ship belong­ing to the United States, or of any prize taken by a ship or ships, aforesaid, or maltreat or steal the effects of any prisoner, he or they so offending shall suffer such punishment as a court martial shall order.

22. When in sight of any ship, ships or other vessels of the enemy, or at such other time as may appear ne­cessary to prepare for an engagement, the captain shall order all things in his ship in a proper posture for fight, and shall, in his own person, and according to his duty, heart on and encourage the inferior officers and men to fight courageously, and not to behave themselves faintly or cry for quarters on pain of such punishment as the offence shall appear to deserve for his neglect.

23. Any captain, officer or others who shall not ex­ert himself or who shall basely desert his duty or sta­tion in the ship, and run away while the enemy is in sight, or in time of action, or shall entice others to do so, shall suffer death, or such other punishment as a court martial shall inflict.

24. Any officer, seaman, mariner or others, who shall disobey the orders of his superior, or begin, ex­cite, [Page 8] cause or join in any mutiny or sedition in the ship to which he belongs, or in any other ship or vessel in the service of the United States, on any pre­tence whatsoever, shall suffer death, or such other punishment as a court martial shall direct—and fur­ther, any person in any ship or vessel belonging to the service aforesaid, who shall utter any words of sediti­on and mutiny, or endeavour to make any mutinous assembly on any pretence whatsoever, shall suffer such punishment as a court martial shall inflict.

25. None shall presume to quarrel with or strike his superior officer on pain of such punishment as a court martial shall order to be inflicted.

26. If any person, shall apprehend he has just cause of complaint, he shall quietly and decently make the same known to his superior officer, or to the captain, as the case may require, who shall take care that ju­stice be done him.

27. There shall be no quarrelling or fighting be­tween ship mates on board any ship belonging to the United States, nor shall there be used any reproach­ful or provoking speeches, tending to make quarrels and disturbances, on pain of imprisonment, or of such punishment as the captain, or a court martial shall judge proper to inflict.

28. If any person shall sleep upon his watch, or negligently perform the duty which shall be enjoined him to do, he shall suffer such punishment as the cap­tain, or a court martial shall inflict.

29. All murder shall be punished with death.

30. All robbery and theft, not exceeding twenty dollars, shall be punished at the discretion of the cap­tain, and above that sum as a court martial shall in­flict.

31. Any master of arms, or other person of whom the like duty may be required, refusing to receive such prisoner or prisoners, as shall be committed to his charge, or having received them shall suffer him or them to escape, or dismiss them without orders from [Page 9] his captain, the commander in chief of the navy or the commander of a squadron, for so doing, shall suffer in his or their stead as a court martial shall or­der and direct.

32. The captains, officers and others shall use their utmost endeavours to detect, apprehend, and bring to punishment all offenders, and shall at all times, readily assist all officers and others appointed for that purpose, in the discharge of such duty, when it is re­quired, on pain of being proceeded against and pu­nished by a court martial at discretion.

33. If any officer whatsoever, mariner, marine sol­dier, or other person, belonging to any ship or vessel of war in the service of the United States, shall give, hold or entertain intelligence to or with any enemy or rebel, without leave from the government, comman­der in chief, or in case of a single ship, from his cap­tain every such person so offending, and being there­of convicted by the sentence of a court martial, shall be punished with death.

34. If any letter or message from an enemy or rebel be conveyed to any officer, mariner, marine or other person, belonging to any ship or vessel in the service of the United States, and the person as aforesaid shall not, within twelve hours, having opportunity so to do, acquaint his superior or commander in chief with it; or if any superior officer being acquaint­ed therewith, shall not in convenient time reveal the same to the commander in chief, commander of a squadron or other proper officer, appointed to take cognizance of such offence, every such person so of­fending, and being convicted thereof, by the sentence of a court martial, shall be punished with death, or such other punishment as the nature and degree of the offence shall deserve, and according to the sen­tence of a court martial.

35. All spies, and all persons whatsoever who shall come or be found in the nature of spies, to bring or [Page 10] deliver any seducing letter or message from an enemy or rebel, or endeavour to corrupt any captain, officer, mariner, marine or other person in the fleet, to betray his trust, being convicted of any such offence by the sentence of a court martial, shall be punished with death, or such other punishment as the nature and de­cree of the offence shall deserve, and the court martial shall impose.

36. No person in a fleet, or in a single ship or ves­sel, shall supply an enemy or rebel with stores, mo­ney, victuals, arms, ammunition, or any kind of stores, directly or indirectly, upon pain of death, or such other punishment as a court martial shall think fit to impose, and as the nature and degree of the crime shall deserve.

37. Every person in on belonging to any ship or vessel in the service of the United States, who shall de­sert, or run away with any vessel or boat, to the ene­my or otherwise, or with any effects of the United States whatsoever, or yeild up the same cowardly or treacherously shall suffer death, or such other punish­ment as a court martial shall inflict.

38. The officers and seamen, &c. of all ships ap­pointed for convoy and guard of merchantmen, shall diligently attend upon that charge without delay, ac­cording to their instructions, and whosoever shall be faulty therein, shall be punished as a court martial shall direct.

39. If any captain, commander or other officer of any ship or vessel in the service of the United States, shall receive or permit on board his vessel any goods or merchandize, other than for the sole use of the ves­sel, except gold, silver, or jewels, and except the goods and merchandize of vessels which may be in di­stress or shipwrecked, or in imminent danger of being shipwrecked, in order to preserve them for the proper owner, without legal orders from the naval depart­ment, every person so offending being convicted there­of, by the sentence of a court martial, shall be cashier­ed, [Page 11] and be forever afterwards rendered incapable to serve in any place or office in the navy service of the United States.

40. There shall be no wasteful expense of any pow­der, shot, ammunition, or other stores in the vessels belonging to the United States, nor any embezzle­ment thereof, but the stores and provisions shall be carefully preserved, upon pain of such punishment, to be inflicted upon the offenders, abettors, buyers and receivers, as shall be by a court martial found just in that behalf.

41. Every person in the navy who shall unlawfully burn or set fire to any kind of public property, not then appertaining to an enemy, pirate or rebel, being convicted of any such offence by the sentence of a court martial, shall suffer death.

42. Care shall be taken in steering and conducting every ship belonging to the United States, so that through wilfulness, negligence, or other defaults, no ship be stranded or hazarded, upon pain that such as shall be found guilty therein, be punished as the of­fence, by a court martial, shall be judged to de [...]

43. Every officer, or other person in the navy, who shall knowingly make or sign a false muster, or pro­cure the making or signing thereof, or shall aid or abet in the same, shall be cashiered and rendered in­capable of further employment in the navy service of the United States, and shall forfeit all the pay and subsistence money due to him.

44. Every person guilty of mutiny, desertion or dis­obedience to his superior officer on shore, acting in the proper line of his duty, shall be tried by a court martial, and suffer the like punishment for every such offence, as if the same had been committed at sea, on board any ship or vessel of war in the service of the United States.

45. If any person belonging to any ship or vessel of war in the service of the United States, shall, when on shore, on duty, or otherwise, plunder, abuse, or [Page 12] maltreat any inhabitant, or injure his property in any way, such person shall be punished as a court martial shall direct.

46. All faults, disorders and misdemeanors which shall be committed on board any ship belonging to the United States, and which are not herein mentioned, shall be punished according to the laws and customs in such cases at sea.

47. No court martial, to be held or appointed by virtue of this act, shall consist of more than thirteen, nor less than five persons, to be composed of such commanders of squadrons, captains and sea lieute­nants, as are then and there present, and as are next in seniority to the officer who presides; but no lieu­tenant shall set on a court martial, held on a captain, or a junior lieutenant on that of a senior.

48. Every member of a court martial shall take the following oath: ‘I, A. B. do swear, that I will well and truly try and impartially determine the cause of the prisoner now to be tried, according to the rules of the navy of the United States—so help me God.’ which oath shall be administered by the president to the other members, and the president himself shall be sworn by the officer next in rank; and as soon as the above oath shall have been administered, the pre­sident of the court is required to administer to the judge advocate, or person officiating as such, an oath in the following words—‘I. A, B, do swear, that I will not, upon any account, at any time what­soever, disclose, or discover the vote or opinion of any particular member of this court martial, unless thereto required by an act of Congress—so help me God.’ And all the witnesses, before they be admit­ted to give evidence, shall take the following oath—‘I. A, B, do swear, that the evidence I shall give in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth—so help me God.’

49. The sentence of a court martial for any capital [Page 13] offence, shall not be put in execution, until it be confirmed by the commander in chief of the fleet. And it shall be the duty of the president of every court martial, to transmit to the commander in chief of the fleet, and to the head of the Navy Department, every sentence which shall be given, with a summary of the evidence and proceedings thereon, as soon as may be.

50. The commander in chief of the fleet, for the time being, shall have power to pardon and remit any sentence of death, in consequence of any of the aforementioned articles.

SEC. 2. And it is hereby further enacted. That if any person in the navy service, being called upon to give evidence at any court martial, shall refuse to give his evidence upon oath, or shall prevaricate in his evidence, or behave with contempt to the court, it shall and may be lawful for such court martial to punish such offender by imprisonment, at the discre­tion of the court; such imprisonment, in no case, to to continue longer than three months; and that all and every person and persons, who shall commit any wilful perjury in any evidence or examination upon oath at such court martial, or who shall corruptly procure, or suborn any person to commit such wilful perjury, shall and may be prosecuted in any of the courts of the United States, by indictment or infor­mation. And all and every person, lawfully con­victed upon any such indictment or information, shall be punished with such pains and penalties as are in­flicted for the like offences by the laws therein pro­vided.

SEC. 3. And it is hereby further enacted, by the au­thority aforesaid, That in all cases where the crews of the ships or vessels of the United States shall be sepa­rated from their vessels, by the latter being wrecked, lost, or destroyed, all the command, power and au­thority given to the officers of such ships or vessels, shall remain and be in full force as effectually as if [Page 14] such ship or vessel was not so wrecked, lost or destroy­ed, until they shall be regularly discharged from the service of the United States, or removed into some other of it's said ships, or until a court martial shall be held, to enquire into such loss of the said ship or vessel: and if upon enquiry it shall appear by the sentence of the court martial, that all or any of the officers, seamen, marines, and others of the said ship or vessel, did their utmost to preserve, get off, or re­cover the said ship or vessel, and after the loss thereof did behave themselves obediently to their superior offi­cers, according to the discipline of the navy, and the said articles and orders herein before established, then all the pay and wages of the said officers and seamen, or such of them as shall have done their duty as afore­said, shall continue and go on, and be paid to the time of their discharge or death; and every such officer or seaman, who, after the wreck or loss of his said ship or vessel, shall act contrary to the discipline of the na­vy, or the articles herein before established, or any of them, shall be sentenced by the said court martial, and be punished, as if the ship to which he did belong was not so wrecked or destroyed.

SEC. 4. And be it further enacted, That all the pay and wages of such officers and seamen of any of the ships of the United States as are taken by the enemy, and upon enquiry at a court martial, shall appear by the sentence of the said court, to have done their ut­most to defend the ship or ships, and since the taking thereof, to have behaved themselves obediently to their superior officers, according to the discipline of the navy, and the said articles and orders, herein be­fore established, shall continue and go on as aforesaid, or until they shall die, which ever may first happen:Provided always, that persons flying from justice shall be tryed and punished for so doing.

SEC. 5. And be it further enacted, That all captured national ships, or vessels of war, shall be the property of the United States—all other ships or vessels, being [Page 15] of superior force to the vessel making the capture, in men, or in guns, shall be the sole property of the cap­tors—and all ships or vessels of inferior force, shall be divided equally between the United States and the officers and men of the vessel making the capture.

SEC. 6. And be it further enacted, That the produce of prizes taken by the ships of the United States, and bounty for taking the ships of the enemy, be propor­tioned and distributed in the manner following, to wit:—

1. To the captain actually on board at the time of taking any prize, being other than public or national vessel, or ship of war, three twentieths of that propor­tion of the proceeds belonging to the captors.

2. If such captain or captains be under the imme­diate command of a commander in chief, or com­mander of a squadron, having a captain on board, such commander in chief, or commander of a squa­dron, to have one of the said twentieth parts, and the captain taking the prize, the other two twentieth parts.

3. To the sea lieutenants and sailing-master, two twentieths.

4. To the surgeon, purser, boatswain, gunner, car­penter, master's mates and chaplain, two twentieths.

5. To midshipmen, surgeon's mates, captain's clerk, clergyman or schoolmaster, boatswain's mates, gun­ner's mates, carpenter's mates, ship's steward, sail mak­er, master at arms, armourer, and coxswain, three twentieths.

6. Gunner's yeoman, boatswain's yeoman, quar­ter masters, quarter gunners, cooper, sail maker's mates, serjeant of marines, corporal of marines, drummer and fifer and extra-petty officers, three twentieths.

7. To seamen, ordinary seamen, marines and boys, seven twentieths.

8. Any officer on board having more posts than one is only entitled to the share belonging to his superior office, according to the regulations aforesaid.

9. [Page 16] Whenever one or more ships of the United States are in sight, at the time of any one or more other ships as aforesaid, are taking a prize or prizes, or being en­gaged with an enemy, and they shall all be so in sight, when the enemy shall strike or surrender, they shall share equally, according to the number of guns and men on board of each ship so in sight—but no priva­teer or armed ship, being in sight of a national ship of war, at the taking of any prize, shall be entitled to any share in such prize or prizes.

10. Commanders of ships of war taking any prize, are to transmit, as soon as possible to the naval depart­ment, a true list of the officers and men actually on board at the taking of such prize, inserting therein the quality of every person's rating; and the department aforesaid is to examine the said list by the ship's muster book, to see their agreement, and is to grant certificates of the truth of such list transmitted, in order that the a­gents appointed by the captors, make payment of the shares, agreeably to this act.

11. In order to define the rights and privileges of commanders in chief, commanders of squadrons and captains, in relation to captures—No commander in chief, or commander of a squadron, shall be entitled to receive any share of prizes taken by the ships of war of the United States that are not put under his immediate command, nor of such prizes as may have been taken previousto such ship's being placed under his command and until they have acted under his immediate orders; nor shall a commander in chief, or commander of a squadron, returning home from any station where he had the command, have any share in prizes taken by ships left on such station, after he has got out of the limits of his said command.

12. Captains sailing specially under orders from the navy department, are clearly to be understood as act­ing separately from any superior officer.

13. The bounty given by the United States on any national ship of war taken from the enemy and brought [Page 17] into port, shall be for every cannon mounted, carry­ing a ball of twenty four pounds, or upwards two hundred dollars—For every cannon carrying a ball eighteen pounds, one hundred and fifty dollars—for every cannon carrying a ball of twelve pounds, one hundred dollars—and for every cannon carrying a ball of nine pounds, seventy five dollars—for every smaller cannon, fifty dollars—and for every officer and man taken on board, forty dollars,—which sums are to be divided agreeably to the foregoing articles.

SEC. 6. And be it further enacted, That for the ships or goods belonging to the citizens of the Unit­ed States, or to the citizens or subjects of any nation, in amity with the United States—if re-taken from the enemy within twenty four hours, the owners are to allow one eighth part of the whole value for salvage, if after twenty four hours, and under forty-eight hours, one fifth thereof, if above that and under nine­ty-six hours, one third part thereof, and if above that, one half, all of which is to be paid, without any de­duction whatsoever, agreeable to the articles herein before mentioned.

SEC. 7. And be it further enacted, That every of­ficer, seaman or mariner disabled in the line of his du­ty, shall be entitled to receive for his own life, and the life of his wife, if a married man, at the time of receiving the wound, one half his monthly pay.

SEC. 8. And be it enacted, That all the money ac­cruing, or which has already accrued from the sale of prizes, shall be, and remain forever, a fund for the payment of the half pay to the officers and seamen who may be entitled to receive the same—and if the said fund should be insufficient for this 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 as Congress may hereafter direct by law, to the making of further provision for the comfort of the disabled officers, seamen and mariners, [Page 18] and for such as may not be disabled, who may merit by their bravery—or their long and faithful services, the gratitude of their country.

SEC. 9. And be it further enacted, That the said fund shall be under the management and direction of the [...] the [...] and the [...] for the time being, who are hereby authorized to receive all such sums as the Unit­ed States may be entitled to, from the sale of prizes, and to invest the same, and the interest arising there­from, in such of the six per cent, or other stock of the United States, as a majority of them, from time to time, shall determine to be most advantageous; and it shall be the duty of the said [...] to lay before Congress, every year, in the first week of their annual meeting, a minute and correct statement of their proceedings, in relation to the management of said fund.

SEC. 10.And be it further enacted, That no rules or regulations made by any commander in chief, or captain, in the service of the United States, for the stationing, designating of duty, and government of the fleet, or any of the crews of any ship of war, shall be at variance with this act, but shall be strictly conform­able thereto; and that every commander in chief and captain, in making private rules and regulations, and designating the duty of his officers, shall keep in view also the custom and usage of the sea service most com­mon to our nation.