OJotncU 5lltttoer0ttg Hihrarg Stli^ra, SJem flork " COLLECTION NAVAL HISTORY AND BIOGRAPHY THE GIFT OF BERNARD A. SINN. 97 1919 Cornell University Library VB360 .A2 1859 Laws of the United States '■e'ating to th olin 3 1924 030 896 058 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924030896058 m m LAWS OF THE UMTED STATES KBLATING TO THE ^aug and Jlartn^ ^avp, -Feom the Formation op the Goveenment to 1859 : TO ■WHICH ARE PREnXBD THE (with an index THERETO,) AND A SYNOPSIS 0¥ THE LEGISLATION OP CONGEESS, RESPECTING NAVAL AFFAIRS, DURING THE REVOLUTIONARY WAR. COMPILED Br JOHSr F. CALLAIT, Cleek to the Military Committee T7. S. Senate, AND A. W. RUSSELL, Clerk to the Natal Committee TJ. S. Senate. BALTIMORE: Feinted and Published by John Muephy & Co. 1859. h ^i'oS^l Entered, aoeording to the Act of Congress, in the year 1859, by JoHH F. Calian and A. W. Eussell, in the Clerk's Office of the District Court of the United States for the District of Maryland. PREFACE. A NEW EDITION of the "Naval Laws" has been rendered necessary by the many changes that have been made since their last publication, and especially by the very important Congres- sional legislation of the past twelve years upon these subjects, which being scattered through the XJ. S. Statutes at Large, is generally out of the reach of those who have most frequent occasion to refer to it. This work contains all the laws which have been passed in rela- tion to the Navy and Marine Corps since the formation of the Grovernment, arranged in chronological order, with full notes and references, embracing decisions of the Supreme Court in many cases, and a copious index and table of contents. The laws now in force are printed in larger type than those out of existence, but nearly all are published in extenso, to show the gradations through which these branches of our military service have passed to their present condition. The chapter numbers correspond with those of the Statutes at Large, and reference is given, at the head of each act, to the volume and page of that work where the original may be found. The "Neutrality act," and the acts relating to the "Slave TRADE," being very interesting at this time, are inserted with ample notes. The Resolutions of each session follow the Acts. The sessions terminate with a line across the page, and double par- allel lines show the end of each Congress. Having had the aid of several experienced officers, and access to the best sources of information, in the preparation of this edi- tion, the compilers flatter themselves that they have produced a work equal to the expectations of those who encouraged it, and that they have made it what it was their earnest desire it should be — a complete history of the Naval legislation of the United States, to be safely relied upon, for correctness, in every particular. Washinstok, D. C, Janimry i, 1859. ^ht of ^nUnh. PAGE Constitution OP THE United States 33 Amendments to same 51 Index to the Constittttion 55 Origin, etc. op the Natal Establishment of the U. States 65 FIRST CONGRESS— JfJnJ Session. 1789, June 1. Chap. 1. An act to regulate the time and manner of administering certain oaths 81 " August 7. Chap. 7. An act to establish an executive depart- ment, to be denominated the department of war 82 THIRD CONGRESS— ^iVsi Session. 1794, Jan'y 13. Chap. 1. An act making an alteration in the flag of the United States 82 " March 22. Chap. 11. An act to prohibit the carrying on the slave trade from the United States to any foreign place or country 83 " March 27. Chap. 12. An act to provide a naval armament.... 85 " June 5. Chap. 46. An act to authorize the President of the United States, during the recess of the present Congress, to cause to be purchased or built, a number of vessels, to be equipped as galleys, or otherwise, in the service of the United States 87 FOURTH CONGRESS— J'iVsi Session. 1796, April 20. Chap. 14. An act supplementary to an act, entitled "An act to provide a naval armament" 87 FIFTH CONGRESS— i?'8Vi< Session. 1797, July 1. Chap. 7. An act providing a naval armament 88 FIFTH CO'KG'RESS— Second Session. 1798, April 27. Chap. 31. An act to provide an additional armament for the further protection of the trade of the United States, and for other purposes 91 8 List of Contents. PAOE 1798, April 30. Chap. 35. An act to establish an executive depart- ment to be denominated the department of the navy 92 " May 4. Chap. 39. An act to authorize the President of the United States to cause to be purchased, or built, a number of small vessels, to be equipped as galleys, or otherwise 93 " May 28. Chap. 48. An act more effectually to protect the com- merce and coasts of the United States 94 " June 22. Chap. 55. An act to amend the act, intituled "An act providing a naval armament," and the act intituled "An act to authorize the President of the United States to cause to be purchased or built, a number of small vessels, to be equipped as galleys, or otherwise" 94 " June 22. Chap. 56. An act to extend the privilege of franking letters and packets to the Secretary of the Navy 95 " June 28. Chap. 62. An act in addition to the act more effect- ually to protect the commerce and coasts of the United States 95 " June 30. Chap. 64. An act supplementary to the act, intituled "An act to provide an additional armament for the further protection of the trade of the United States, and for other purposes" 97 " July 9. Chap. 68. An act further to protect the commerce of the United States 98 " July 11. Chap. 72. An act for the establishing and organizing a marine corps 101 " July 16. Chap. 82. An act to make a further appropriation for the additional naval armament 103 " July 16. Chap. 85. An act to alter and amend the several acts for the establishment and regulation of the Treasury, "War, and Navy Departments 103 FIFTH CONGEESS— rAJT-f? Session. 1799, Peb'y 25. Chap. 10. An act fixing the pay of the captains and commanders of ships and vessels of war of the United States 105 " Peb'y 25. Chap. 13. An act for the augmentation of the navy 105 " Peb'y 25. Chap. 15. An act authorizing the establishment of docks 106 " Feb'y 25. Chap. 16. An act authorizing the purchase of tim- ber for naval purposes 107 " March 2. Chap. 24. An act for the government of the navy of the United States 107 " March 2. Chap. 27. An act to regulate the medical establish- ment 118 " March 2. Chap. 36. An act in addition to "An act for the relief of sick and disabled seamen" 120 " March 2. Chap. 37. An act authorizing the augmentation of the marine corps 121 List of Contents. 9 PAGE 1799, March 3. Chap. 47. An act authorizing the President of the United States to fill certain vacancies in the ariny and navy 121 SIXTH CONGRESS— i'iri/ Session. 1800, March 3. Chap. 14. An act providing for salvage in cases of recapture 122 " April 22. Chap. 29. An act fixing the rank and pay of the commanding ofiScer of the corps of marines 125 " April 28. Chap. 33. An act for the better government of the navy of the United States 125 " May 10. Chap. 51. An act in addition to the act, intituled "An act to prohibit the carrying on the slave trade from the United States to any foreign place or country" 142 EESOLUTION. 1800, March 29. Ees. 4. Eesolution requesting the President to pre- sent a gold medal to Captain Thos. Truxtun ; and respecting the conduct of Midshipman James Jarvis 144 SIXTH CONGRESS— &con(i Session. 1801, March 3. Chap. 20. An act providing for a naval peace estab- lishment, and for other purposes 145 SEVENTH CONGRESS— J^ewi! Session. 1802, Feb'y 6. Chap. 4. An act for the protection of the commerce and seamen of the United States, against the Tripolitan cruisers 146 " April 29. Chap. 33. An act for the relief of the widovfs and orphans of certain persons \yho have died in the naval ser- vice of the United States 147 KESOLUTION. 1802, Feb'y 3. Ees. 2. Eesolution expressing the sense of Congress on the gallant conduct of Lieutenant Sterett, the ofiicers and crew of the United States schooner Enterprise 148 SEVENTH CONGRESS— ^conc? Session. 1803, Feb'y 10. Chap. 4 An act authorizing the sale of a piece of land, parcel of the navy yard belonging to the United States, in Charlestown, Massachusetts, to the proprietors of the Salem turnpike road and Chelsea bridge corporation 148 " Peb'y 28. Chap. 10. An act to prevent the importation of cer- tain persons into certain States, where, by the laws thereof, their admission is prohibited 149 10 List of Contents. PAGE 1803, JPeb'y 28. Chap. 11. An act to provide an additional arma- ment for the protection of the seamen and commerce of the United States 150 EIGHTH CONGRESS— Jfjri!! Session. 1804, March 25. Chap. 46. An act further to protect the commerce and seamen of the United States against the Barbary powers 151 " March 26. Chap. 48. An act in relation to the navy pension fund 151 " March 27. Chap. 53. An act supplementary to the act, inti- tuled "An act providing for a naval peace establishment, and for other purposes." 153 EIGHTH CONGRESS— feont? Session. 1806, March 2. Chap. 29. An act to appropriate a sum of money for the purpose of building gun boats 154 " March 2. Chap. 30. An act to authorize the erection of » bridge across a mill-pond and marsh in the navy yard, belonging to the United States, in the to-wn of Brooklyn, in in the State of New York. 154 BBSOLUTIONS. 1804, Nov'r 27. Kes. 1. Resolution expressive of the sense of Con- gress of the gallant conduct of Captain Stephen Decatur, the officers and crew, of the United States ketch Intrepid, in attaoldng, in the harbor of Tripoli, and destroying a Tripo- litan frigate of forty-four guns 154 1805, March 3. Res. 2. Resolution expressive of the sense of Con- gress of the gallant conduct of Commodore Edward Preble, the officers, seamen, and marines, of his squadron 155 NINTH CONGRESS— i?'iVrf Session. 1806, April 21. Chap. 35. An act in addition to an act, intituled "An act supplementary to the act providing for a naval peace establishment, and for other purposes" 156 " April 21. Chap. 47. An act for fortifying the ports and har- bors of the United States, and for building gun boats 157 RESOLUTION. 1806, April 10. Res. 1. Resolution respecting N. C. Nissen, Danish consul at Tripoli 157 NINTH CONGRESS— &co7i«< Session. 1820, May 1. Chap. 52. An act in addition to the several acts for the establishment and regulation of the Treasury, War, and Navy Departments 245 " May 15. Chap. 102. An act to limit the term of office of cer- tain officers therein named, and for other purposes 248 " May 15. Chap. 107. An act providing for the better organiza- tion of the treasury department 249 " May 15. Chap. 108. An act authorizing the building of a cer- tain number of small vessels of war 252 " May 15. Chap. 113. An act to continue in force "An act to protect the commerce of the United States, and punish the crime of piracy," and also to make further provision for punishing the crime of piracy 253 " May 15. Chap. 132. An act to amend the act, entitled "An act to amend the act authorizing the employment of an addi- tional naval force" 265 " May 15. Chap. 186. An act to amend "An act making reser- vation of certain public lands for naval purposes," passed first March, one thousand eight hundred and seventeen 255 List op Contents. 17 SIXTEENTH GO^OWESS— Second Session. PAGE 1821, March 2. Chap. 31. An act for the relief of the family of the late Oliver Hazard Perry, Esq 256 " March 3. Chap. 47. An act to amend the act, entitled "An act for the gradual increase of the navy of the United States".... 256 SEVENTEENTH CONGRESS— ^>i< Session. 1822, Peb'y 23. Chap. 9. An act for the preservation of the timber of the United States in Florida 257 " April 17. Chap. 26. An act to remit the duties on a sword imported to he presented to Captain Thomas Maodonough, of the United States navy 257 " May 7. Chap 90. An act further to amend the several acta relative to the Treasury, "War, and Navy departments 257 SEVENTEENTH CONGRESS— &(!on(? Session. 1822, Deo. 20. Chap. 1. An act authorizing an additional naval force for the suppression of piracy 258 1823, Jan'y 30. Chap. 7. An act in addition to "An act to continue in force 'An act to protect the commerce of the United States, and punish the crime of piracy, and, also, to make further provision for punishing the crime of piracy' " 259 " Jan'y 31. Chap. 9. An act concerning the disbursement of public money 259 " March 1. Chap. 37. An act in addition to the act, entitled "An act for the prompt settlement of public accounts," and for the punishment of the crime of perjury 261 " March 3. Chap. 72. An act respecting the punishment of piracy 261 EESOLUTION. 1823, March 3. Ees. 2. Resolution to direct the withholding of the compensation of certain prize agents 261 EIGHTEENTH CONGRESS— i^irrf Session. 1824, Jan'y 22. Chap. 15. An act further extending the term of half pay pensions to the widows and children of officers, seamen, and marines, who died in the public service 262 " April 9. Chap. 34. An act extending the term of pensions granted to persons disabled, and to the widows and orphans of those who have been slain, or who have died, in conse- quence of wounds or casualties, received while in the line of their duty, on board the private armed ships of the United States, during the late war i 262 2 18 List OF Contents. PAGE 1824, May 4. Chap. 47. An act rewarding the officers and crews of two gigs, or small boats, under the command of Lieutenant Francis H. Gregory, of the United States navy 262 " May 26. Chap. 166. An act authorizing an examination and survey of the harbor of Charleston, in South Carolina, of St. Mary's, in Georgia, and of the coast of Florida, and for other purposes 263 " May 26. Chap. 190. An act to revive and extend the term of certain pensions which have expired by limitation 263 KESOLUTION. 1824, Feb'y 4. Ees. 1. A resolution in relation to an intended visit of the Marquis de La Payette to the United States 263 EIGHTEENTH GO'S GUESS- Second Session. 1825, March 3. Chap. 65. An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes 264 " March 3. Chap. 95. An act authorizing the establishment of a navy yard and depot, on the coast of Florida, in the Gulf of Mexico 271 " March 3. Chap. 101. An act to authorize the building of ten sloops of war, and for other purposes 272 NINETEENTH CONGRESS— i?";™* Session. 1826, May 17. Chap. 64. An act supplementary to "An act for the gradual increase of the navy of the United States" 272 EESOLUTIONS. 1826, May 13. Ees. 2. Eesolution expressive of the sense of Congress of the gallant conduct of Lieutenant Duncan, of the United States navy 273 " May 22. Ees. 5. Eesolution directing surveys and estimates for dry docks 273 NINETEENTH CONGEESS— Second Session. 1827, March 3. Chap. 94. An act for the gradual improvement of the navy of the United States 273 EESOLUTION. 182T, Jan'y 24. Ees. 1. Eesolution directing the Secretary of the Navy to apply to the Government of Pennsylvania for juris- diction over certain lands at the navy yard, Philadelphia 274 List of Contents. 19 TWENTIETH GO'S GUESS— First Session. PAOE 1828, Jan'y 25. Chap. 2. An act to prevent defalcations on the part of the disbursing agents of the Government, and for other purposes 275 " May 23. Chap. 72. An act to provide for extending the term of certain pensions, chargeable on the navy and privateer pension fund 275 " May 24. Chap. 104. An act to increase the pay of lieutenants in the navy 275 " May 24. Chap. 121. An act for the better organization of the medical department of the navy of the United States 276 TWENTIETH CONGRESS— feonJ Session. 1829, Jan'y 21. Chap. 7. An act to amend an act, entitled "An act for the better organization of the medical department of the navy," approved 24th May, 1828 277 TWENTY-FIRST CONGRESS— J^Vrsi Session. 1830, April 24. Chap. 80. An act for the relief of the widows and orphans of the oflScers, seamen, and marines, of the sloop of war Hornet 277 EESOLUTION. 1880, May 29. Kes. 6. Eesolution in relation to the compensation of officers of the marine corps 278 TWENTY-FIRST CONGRESS— Second Session. 1831, Feb'y 3. Chap. 15. An act to authorize the construction of three schooners for the naval service of the United States 278 " March 2. Chap. 57. An act making appropriations for naval service for the year one thousand eight hundred and thirty- one 278 " March 2. Chap. 66. An act to provide for the punishment of offences committed in cutting, destroying, or removing live oak, and other timber or trees, reserved for naval purposes... 279 1832, May 19. Chap. 80. An act authorizing the revision and exten- sion of the rules and regulations of the naval service 281 " June 28. Chap. 151. An act further to extend the pension [s] heretofore granted to the widows of persons killed, or who died in the naval service 281 " July 3. Chap. 154. An act to authorize the President of the United States to direct transfers of appropriation in the naval service, under certain circumstances 281 " July 10. Chap. 187. An act to provide for paying certain arrearages for surveys made by naval officers, and for other purposes 282 20 List of OoisrTBJsrTS. PAGE 1832, July 10. Chap. 190. An act authorizing the construction of naval hospitals at the navy yards at Charlestown, Massachu- ■ setts, Brooklyn, New York, and Pensacola 282 July 10. Chap. 191. An act to carry into effect the act to pro- vide for a survey of the coast of the United States 283 July 10. Chap. 192. An act to provide iron tanks for the use of the navy of the United States 288 July 10. Chap. 194. An act for the regulation of the navy and privateer pension and navy hospital funds 284 July 14. Chap. 222. An act to provide for completing the removal and erection of the naval monument. 285 July 14. Chap. 223. An act concerning certain officers of the marine corps 285 July 14. Chap. 236. An act for the relief of the invalid pen- sioners of the United States 285 EESOLUTIONS. 1832, FeVy 10. Ees. 1. Eesolution empowering the Secretary of the Navy to settle certain contracts, and to relinquish certain forfeitures 285 " May 25. Ees. 3. Eesolution respecting the pay of the marines. 286 TWENTY-SECOND CONGRESS— &conrf Session. 1833, Peh'y 20. Chap. 39. An act making appropriations for the naval service for the year one thousand eight hundred and thirty-three 286 " March 2. Chap. 54. An act making appropriations for the civil and diplomatic expenses of the Government for the year one thousand eight hundred and thirty-three 287 " March 2. Chap. 67. An act in addition to the act for the gradual improvement of the navy , of the United States 287 " March 2. Chap. 68. An act to improve the condition of the non-commissioned officers and privates of the army and marine corps of the United States, and to prevent desertion.. 288 " March 2. Chap. 131. An act for the relief of the widows and orphans of the officers and seamen who were lost in the United States schooner, the Sylph 288 TWENTY-THIED CONGRESS— J?\>rf Session. 1834, June 19. Chap. 55. An act further to extend the term of cer- tain pensions chargeahle on the privateer pension fund 289 " June 28. Chap. 100. An act to enable the President to make an arrangement with the Government of Prance in relation to certain Preuch seamen killed or wounded at Toulon, and their families 289 " June 30. Chap. 132. An act for the better organization of the United States "marine corps" 290 List OF Contents. 21 PAGE 1834, June 30. Chap. 134. An act concerning navy pensions, and the navy pension fund 292 " June 80. Chap. 142. An act maldng certain allowances, and granting certain arrearages, to the captains and subalterns of the United States corps of marines 293 " June 30. Chap. 152. An act authorizing the purchase of live oak frames for a frigate and sloop of war, and for other naval purposes 293 " June 80. Chap. 158. An act to provide for rebuilding the frigate Congress 294 " June 80. Chap. 160. An act authorizing the Secretary of the Navy to make experiments for the safety of the steam engine 294 " June 80. Chap. 171. An act to authorize the President of the United States to direct transfers of appropriations in the naval service, under certain circumstances 294 TWENTY-THIED CONGRESS— ^coni? Session. 1835, March 3. Chap. 27. An act to regulate the pay of the navy of the United States 295 " March 8. Chap. 47. An act authorizing the construction of a dry dock for the naval service 299 TWENTY-FOUETH CONGRESS— J?Vrs< Session. 1836, May 9. Chap. 59. An act making appropriations for the civil and diplomatic expenses of Government for the year one thousand eight hundred and thirty-six 300 " May 14. Chap. 61. An act making appropriations for the naval service for the year one thousand eight hundred and thirty-six 300 " May 20. Chap. 77. An act explanatory of the act, entitled "An act to prevent defalcations on the part of disbursing agents of the Government, and for other purposes" 800 TWENTY-FOURTH CONGRESS— &(;o?j(7 Session. 1837, March 2. Chap. 21. An act to provide for the enlistment of boys for the naval service, and to extend the term of the enlistment of seamen 301 " March 3. Chap. 30. An act making appropriations for the naval service for the year one thousand eight hundred and thirty-seven 802 " March 3. Chap. 32. An act to change the titles of certain offi- cers in the navy 302 " March 3. Chap. 38. An act for the more equitable administra- tion of the navy pension fund 303 22 List of Contents. TWENTY-FIFTH CONGRESS— &con(i Session. pAaB 1837, Dec'r 22. Chap. 1. An act to authorize the President of the United States to cause the puhlic vessels to cruise upon the coast in the winter season, and to relieve distressed naviga- tors 304 TWENTY-FIFTH CONGRESS— r/wVrf Session. 1839, March 3. Chap. 82. An act making appropriations for the civil and diplomatic expenses of Government, for the year one thousand eight hundred and thirty-nine 304 " March 3. Chap. 89. An act giving to the President of the United States additional powers for the defence of the United States, in certain cases, against invasion, and for other pur- poses 305 " March 3. Chap. 95. An act making appropriations for the naval service for the year one thousand eight hundred and thirty-nine 305 TWENTY-SIXTH CON G^'ESS— First Session. 1840, March 4. Chap. 4. An act to continue the office of commis- sioner of pensions, and to transfer the pension business, here- tofore transacted in the navy department, to that office 306 " June 19. Chap. 89. An act making provisions for the payment of pensions to the executors or administrators of deceased pensioners in certain cases 307 " July 20. Chap. 51. An act making appropriations for the naval service for the year one thousand eight hundred and forty... 307 TWENTY-SEVENTH CONGRESS— i^t>«< Session. 1841, August 1. Chap. 4. An act making appropriation for the pay, subsistence, &c., of a home squadron 309 " August 16. Chap. 8. An act to provide for the payment of navy pensions 309 " Sept. 11. Chap. 21. An act making appropriation for the pur- chase of naval ordnance and ordnance stores, and for other purposes 310 EESOLUTIONS. 1841, Sept. 11. Pes. 5. A resolution in relation to the purchase of domestic water-rotted hemp for the use of the United States navy 310 " Sept. 11. Pes. 6. Joint resolution making it the duty of the Attorney General to examine into the titles of the lands or sites for the purpose of erecting thereon armories, and other public works and buildings, and for other purposes 310 List of Oontents. 23 TWENTY-SEVENTH CONGRESS— ^coniZ Session. PAGE 1842, April 14. Chap. 22. An act authorizing the construction of a war steamer for harbor defence 312 " August 4. Chap. 121. An act making appropriations for the naval service for the year one thousand eight hundred and forty-two 312 " August 23. Chap. 183. An act making appropriations for the support of the army, and of the military academy for the year one thousand eight hundred and forty-two 313 " August 23. Chap. 189. An act making an appropi.iation to supply the deficiency in the navy pension fund 313 " August 26. Chap. 202. An act legalizing and making appro- priations for such necessary objects as have been usually in- cluded in the general appropriation bills, without authority of law, and to fix and provide for certain incidental expenses of the departments and oflices of the government, and for other purposes 314 " August 26. Chap. 204. An act to provide for publishing an ac- count of the discoveries made by the exploring expedition, under the command of Lieutenant "Wilkes, of the United States navy 316 " August 26. Chap. 206. An act to regulate the pay of pursers and other otHcers of the navy 316 " August 29. Chap. 228. An act to provide an insane hospital for the District of Columbia 320 " August 29. Chap. 267. An act to establish and regulate the navy ration 320 " August 29. Chap. 268. An act authorizing the Secretary of the Navy to contract for the purchase, for the United States, the right to use Babbit's anti-attrition metal 322 " August 31. Chap. 276. An act concerning Professors of Mathe- matics in the navy of the United States 322 " August 31. Chap. 277. An act to authorize the construction of a depot for charts and instruments of the navy of the United States 323 " August 31. Chap. 279. An act to regulate the appointment and pay of engineers in the navy of the United States 323 " August 31. Chap. 286. An act to reorganize the navy depart- ment of the United States 325 RESOLUTION. 1842, August 31. Ees. 12. Joint resolution authorizing experiments to be made for the purpose of testing Samuel Colt's Subma- rine battery, and for other purposes 327 24 List of Contents. TWENTY-SEVENTH CONGRESS— TOW Session. PAGE 1843, Match 3. Chap. 83. An act making appropriations for the naval service for the half calendar year heginning the 1st day of January, and ending the 80th day of June, 1843 ; and for the fiscal year beginning the 1st day of July, 1843, and ending the 30th day of June, 1844 328 " March 3. Chap. 89. An act to provide for carrying into effect the treaty between the United States and Great Britain, con- cluded at Washington on the ninth day of August, one thou- sand eight hundred and forty-two 329 " March 3. Chap. 93. An act authorizing an examination and survey of the harbor of Memphis, in Tennessee 330 " March 3. Chap. 94. An act to modify the act, entitled "An act to provide for the better security of the lives of passen- gers on board of vessels propelled in whole or in part by steam," approved July 7, 1838 331 " March 8. Chap. 100. An act making appropriations for the civil and diplomatic expenses of Government for the fiscal year ending the 30th day of June, one thousand eight hun- dred and forty-four 331 EESOLUTION. 1843, Feb'y 18. Ees. 2. Joint resolution to establish agencies for water-rotted hemp 332 TWENTY-EIGHTH GO'S GUESS— Mrst Session. 1844, Peb'y 23. Chap. 3. An act to authorize the President of the United States to direct transfers of appropriation in the naval service, under certain circumstances 333 " April 22. Chap. 14. An act making an appropriation of cer- tain moneys in the Treasury for the naval service 333 " April 30. Chap. 15. An act making appropriations for the payment of revolutionary and other pensioners of the United States, for the fiscal year ending on the thirtieth of June, one thousand eight hundred and forty-five 333 " June 3. Chap. 37. An act directing a disposition of the maps and charts of the survey of the coast 334 " June 15. Chap. 52. An act to establish a navy yard and depot at or adjacent to the city of Memphis, on the Mississippi river, in the State of Tennessee 334 " June 15. Chap. 53. An act for the relief of the widows and orphans of the officers, seamen and marines of the United States schooner Grampus, and for other purposes 385 " June 15. Chap. 59. An act to test the utility of the submarine telescope 335 List of Oontekts. 25 PAGE 1844, June 17. Chap. 105. An act making appropriations for the civil and diplomatic expenses of Government for the fiscal year ending the thirtieth day of June, eighteen hundred and forty-five, and for other purposes 336 " June 17. Chap. 107. An act making appropriations for the naval service for the fiscal year ending the thirtieth day of June, eighteen hundred and forty-five 337 EESOLUTION. 1844, June 17. Kes. 18. Joint resolution tendering the thanks of Congress to the British authorities at Gibraltar, and the com- mander, officers, and crew of her Britannic Majesty's ship Malabar 338 TWENTY-EIGHTH CONGRESS— &co?i(? Session. 1845, Peb'y 20. Chap. 15. An act restricting the grant of pensions in certain cases , 339 " !Peb'y 20. Chap. 17. An act to amend the act, entitled "An act to provide for the enlistment of boys for the naval service, and to extend the term of enlistment of seamen" 339 " Jeb'y 26. Chap. 26. An act to amend the act, entitled "An act making appropriations for the naval service for the fiscal year ending the thirtieth day of June, one thousand eight hundred and forty-five" 340 " March 3. Chap. 41. An act renewing certain naval pensions for the term of five years 340 " March 3. Chap. 71. An act making appropriations for the civil and diplomatic expenses of the government for the year end- ing the thirtieth of June, one thousand eight hundred and forty-six, and for other purposes 341 " March 3. Chap. 77. An act making appropriations for the naval service for the year ending the thirtieth June, eighteen hundred and forty-six 341 EBSOLUTIONS. 1845, Feb'y 13. Ees. 3. A resolution to suspend a part of the third section of the joint resolution of the eleventh of September, one thousand eight hundred and forty-one, relating to armo- ries 344 " Feb'y 20. Ees. 5. A resolution for distributing the work on the exploring expedition 344 TWENTY-NINTH CONGRESS— J^'mi Session. 1846, March 30. Chap. 11. An act to authorize the Secretary of the Navy to contract for the purchase of American water-rotted hemp for the use of the navy 345 26 List of Contents. PAGE 1846, May 30. Chap. 16. An act providing for tlie prosecution of the existing war between the United States and the Kepuhlic of Mexico 345 " July 29. Chap. 66. An act in relation to the payment of claims 345 " August 8. Chap. 100. An act to provide for the distribution of the edition of the laws and treaties of the United States, published by Little & Brown, under the provisions of the resolution of Congress, approved March third, eighteen hun- dred and forty-five, and for other purposes 346 " August 8. Chap. 169. An act to enable the Secretary of the Navy to purchase the right of using Mix's patent manger stopper 347 " August 10. Chap. 175. An act making appropriations for the naval service for the year ending on the thirtieth of June, one thousand eight hundred and forty-seven 347 " August 10. Chap. 176. An act making appropriations for the naval service for the year ending the thirtieth of June, one thousand eight hundred and forty-seven 348 EESOLUTION. 1846, July 15. Kes. 10. A resolution supplementary to the resolu- tion of February twentieth, eighteen hundred and forty-five, for distributing the works of the exploring expedition 350 TWENTY-NINTH CONGRESS— feorei Session. 1847, March 2. Chap. 40. An act for the increase of the marine corps of the United States 350 " March 3. Chap. 48. An act making appropriations for the naval service for the year ending the thirtieth June, one thousand eight hundred and forty-eight 351 " March 3. Chap. 49. An act making appropriations for the pay- ment of navy pensions for the year ending thirtieth June, eighteen hundred and forty-eight 354 " March 3. Chap. 51. An act for the punishment of piracy in certain cases 355 " March 3. Chap. 62. An act providing for the building and equipment of four naval steamships 355 EESOLUTIONS. 1847, March 3. Ees. 10. A resolution authorizing the employment of the United States ships Macedonian and Jamestown in transporting provisions for the famishing poor of Ireland and Scotland 358 " March 3. Kes. 11. A joint resolution relative to the prepara- tion and presentation of medals to certain French, British and Spanish officers 356 List OF Contents. 27 THIRTIETH CONGRESS— ii'fMf Session. PAGB 1848, March 21. Chap. 22. An act for the relief of the heirs of John Paul Jones 357 " June 26. Chap. 72. An act to amend the act entitled "An act for the regulation of seamen on board the public and private vessels of the United States," passed the third of March, eighteen hundred and thirteen 357 " June 29. Chap. 79 An act to amend the act to provide for the transportation of the mail between the United States and foreign countries, and for other purposes 358 -" August 3. Chap. 121. An act making appropriations for the naval service for the year ending the thirtieth June, one thousand eight hundred and forty-nine 358 " August 11. Chap. 155. An act renewing certain naval pensions and extending the benefits of existing law^, respecting naval pensions, to engineers, firemen, and coal heavers in the navy, and to their widows 363 ■" August 11. Chap. 166. An act making appropriations for the civil and diplomatic expenses of government for the year ending the thirtieth June, one thousand eight hundred and forty-nine, and for other purposes 365 " August 14. Chap. 176. An act making appropriations for light houses, light boats, buoys, &c., and providing for the erec- tion and establishment of the same 365 " August 14. Chap. 179. An act for the relief of the widows and orphans of the ofiicers, seaiiien, and marines, of the brig of war Somers 366 RESOLUTIONS. 1848, May 9. Res. 6. A resolution respecting contracts for hemp for the use of the American navy 367 " August 7. Res. 22. Joint resolution of thanks to the officers, sailors and marines of the United States navy 367 " August 10. Ees. 24. Joint resolution concerning certain por- tions of the marine and ordnance corps 367 THIRTIETH CONGRESS— -Seconrf Session. 1849, Feb'y 1. Chap. 37. An act for the relief of the forward officers of the late exploring expedition 368 " Feb'y 22. Chap. 61. An act for authenticating certain records.. 368 " March 3. Chap. 103. An act making appropriations for the naval service for the year ending the thirtieth of June, one thousand eight hundred and fifty 369 " March 3. Chap. 126. An act to provide for the settlement of the accounts of public officers and others ^^ ho may have re- ceived moneys arising from military contributions or other- wise, in Mexico 372 28 List of Contents, kesolutions. PAGE 1849, March 3. Ees. 17. Joint resolution for the relief of pursers in the navy, as to expenditures made in pursuance of orders during the war with Mexico, and for other purposes 372 " March 3. Ees. 19. Joint resolution for the purchase of copies of the general Navy Register and Laws 373 THIRTY-FIRST CONGRESS— ^sVs< Session. 1850, Sept. 28. Chap. 80. An act making appropriations for the naval service for the year ending the thirtieth of June, one thou- sand eight hundred and fifty-one 373 RESOLUTION. 1850, May 2. Ees. 7. Joint resolution authorizing the President of the United States to accept and attach to the navy two vessels, offered hy "Henry Grinnell, Esq., of New Tork, to he sent to the Arctic Seas in search of Sir John Franklin and his com- panions '. 375 THIRTY-FIRST CONGRESS— feoraiZ Session. 1851, March 3. Chap. 34. An act making appropriations for the naval service for the year ending the thirtieth June, one thousand eight hundred and fifty-two 376 THIRTY-SECOND CONGRESS— .«>«!; Session. 1852, July 21. Chap. 66. An act to supply deficiencies in the appro- priations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-two 378 " August 31. Chap. 108. An act making appropriations for the civil and diplomatic expenses of the government for the year ending the thirtieth of June, eighteen hundred and fifty- three, and for other purposes 378 " August 31. Chap. 109. An act making appropriations for the naval service, for the year ending the thirtieth of June, one thousand eight hundred and fifty-three 379 " August 31. Chap. 112. An act making appropriations for light houses, light-hoats, huoys, &c., and providing for the erec- tion and estahlishment of the same, and for other purposes... 382 THIRTY-SECOND GOT^ GUESS— Second Session. 1853, March 3. Chap. 97. An act making appropriations for the civil and diplomatic expenses of Government for the year ending the thirtieth of June, one thousand eight hundred and fifty- four 385 List of Contents. 29 PAGE 1853, March 3. Chap. 102. An act making appropriations for the naval service for the year ending the thirtieth of June, one thousand eight hundred and fifty-four 385 " March 8. Chap. 104. An act maldng appropriations for the current and contingent expenses of the Indian department, &o., for the year ending the thirtieth of June, one thousand eight hundred and fifty-four 386 THIRTY-THIRD CONGRESS— i?V«« Session. 1854, April 6. Chap. 32. An act to authorize the construction of six first class steam frigates, and for other purposes 387 " Aug. 5. Chap. 268. An act making appropriations for the naval service for the year ending the thirtieth of June, one thousand eight hundred and fifty-five 387 RESOLUTIONS. 1854, March 27. Res. 8. Joint resolution relative to hids for pro- visions, clothing, and small stores, for the use of the navy... 389 " June 29. Res. 14. A resolution giving the consent of Congress to the acceptance by Lieutenant M. F. Maury, of the navy, of a gold medal from His Majesty the King of Sweden 389 " August 4. Res. 24. A joint resolution directing the presenta- tion of a medal to Commander Duncan N. Ingraham 390 THIRTY-THIRD CONGRESS— -S'ccona; Session. 1855, Peb'y 28. Chap. 127. An act to promote the efficiency of the navy 390 " March 2. (;hap. 136. An act to provide a more efficient dis- cipline for the navy 391 " March 3. Chap. 175. An act making appropriations for the civil and diplomatic expenses of Government for the year ending thirtieth June, eighteen hundred and fifty-six, and for other purposes 395 " March 3. Chap. 198. An act making appropriations fbr the naval service for the year ending the thirtieth of June, one thousand eight hundred and fifty-six 895 " March 8. Chap. 199. An act to organize an institution for the insane of the army and navy, and of the District of Colum- bia, in the said district 897 " March 3. Chap. 207. An act in addition to certain acts grant- ing bounty land to certain officers and soldiers who have been engaged in the military service of the United States 899 RESOLUTION. 1855, Feb'y 3. Res. 7. A resolution respecting the Arctic expedition, commanded by passed assistant surgeon E. K. Kane 400 80 List of Contents. THRITY-FOURTH CONGRESS— i^'iVs/ Session. PAGE 1856, August 1. Chap. 73. An act for the relief of the widows and orphans of the ofBcers, seamen, and marines of the United States sloop of war Albany, and for other purposes 401 " August 16. Chap. 122. An act making appropriations for the naval service for the year ending the thirtieth of June, eighteen hundred and fifty-seven 402 THIRTY-FOURTH CONGRESS— Accent? Session. EESOLUTIONS. 1856, August 28. Kes. 1. A resolution authorizing the purchase and restoration to the British government of theship " Eesolute," late of the British navy 402 " August 30. Ees. 2. A resolution authorizing the acceptance of certain medals from foreign governments 403 " August 30. Kes. 3. A resolution allowing Doctor E. K. Kane, and the officers associated with him in their late expedition to the Arctic seas, in search of Sir John Franklin, to accept such token of acknowledgment from the government of Great Britain as it may please to present 404 THIRTY-FOURTH GO'S GRIISS— Third Session. 1857, Jan'y 16. Chap. 12. An act to amend an act entitled "An act to promote the efficiency of the navy" 404 " Jan'y 28. Chap. 25. An act authorizing the establishing of a navy depot on Blythe Island, at Brunswick, on the coast of Georgia, and for other purposes 407 " Feb'y 7. Chap. 86. An act supplementary to an act to organize an institution for the insane of the army and navy, and of the District of Columbia, in the said district, approved March third, eighteen hundred and fifty-five 407 " March 3. Chap. 111. An act making appropriations for the naval service for the year ending the thirtieth of June, eighteen hundred and fifty-eight 410 " March 3. Chap. 114. An act to amend an act entitled "An act to provide for the better organization of the Treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue 413 EESOLUTIONS. 1857, March 3. Ees. 15. Joint resolution for the presentation of medals to Dr. Kane, his ofiicers and men 414 " March 3. Ees. 16. A resolution allowing Commander Henry J. Hartstene, of the United States Navy, Lieutenant S. D. Tronchard, Master Morrison, and the petty officers and crew of the steamer "Vixen," to accept certain tokens of ac- knowledgment from the government of Great Britain 414 List of Contents. 31 THIRTY-FIFTH CONGRESS— i^ir.'^ Session. PASE 1858, May 4. Chap. 25. An act to supply deficiencies in the appro- priations for the service of the fiscal year ending the thirtieth of June, eighteen hundred and fifty-eight 415 " June 12. Chap. 143. An act making appropi-iatious for the naval service for the year ending the thirtieth of June, eighteen hundred and fifty-nine 416 EESOLUTIONS. 1858, March 10. Ees. 3. A resolution to extend and define the au- thority of the President under the act, approved January sixteen, eighteen hundred and fifty-seven, entitled "An act to amend an act entitled 'An act to promote the efiiciency of the navy,' " in respect to dropped and retired naval officers... 418 " March 16. Ees. 4. A resolution to authorize certain officers and men, engaged in the search for Sir John Franklin, to receive certain medals presented to them by the Government of Great Britain 418 " April 7. Ees. 6. A resolution authorizing Lieutenant 'William N. Jefifers to accept a sword of honor from Her Majesty the Queen of Spain 418 " May 11. Ees. 8. A resolution to extend the operation of the act, approved January sixteenth, eighteen hundred and fifty- seven, entitled "An act to amend an act entitled 'An act to promote the efiiciency of the navy' " 419 " May 11. Ees. 9. A resolution to extend for a further term the provisions of the joint resolution approved March tenth, eighteen hundred and fifty-eight, in relation to certain dropped and retired officers of the navy 420 " May 11. Ees. 10. A resolution authorizing suitable acknowledg- . ments to be made by the President to the British naval authorities at Jamaica, for the relief extended to the officers and crew of the United States ship " Susquehannah " dis- abled by yellow fever 420 " June 2. Ees. 15. A resolution for the adjustment of difficulties with the Eepublic of Paraguay 421 " Juno 5. Ees. 20. Joint resolution authorizing Commander M. F. Maury to accept a gold medal awarded to him by the Emperor of Austria 421 NOTES. 1857, Feb'y 17. Chap. 55. An act to increase the pay of the officers of the army 422 1854, August 4. Chap. 247. An act to increase the pay of the rank and file of the army, and to encourage enlistments 422 ERRATA. Page 105, line 1, for chap. 3 read chap. 2. " 107, chap. 22, sec. 98, is now in force. " 363, line 1, for are things read or things. (3{0iiBtiWbit 4 i\x^ Mnitd ^hit^. < • • ■ > "We, the people of tlie United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. AETICLE I. Section 1. 1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Eepresentatives. Section 2. 1. The House of Eepresentatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 2. ISTo person shall be a Eepresentative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Eepresentatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free per sons, including those bound to service for a term of years, 3 34 COKSTITUTION OF THE UNITED STATES. and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one rep- resentative ; and until such enumeration shall be made, the state of New Sampshire shall be entitled to choose three ; Massachusetts eight; Rhode Island and Providence Planta- tions one ; Connecticut five ; New York six ; New Jersey four ; Pennsylvania eight ; Delaware one ; Maryland six ; Virginia ten ; North Carolina five ; South Carolina five ; and Georgia three. 4. "When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Eepresentatives shall choose their Speaker and other of&cers, and shall have the sole power of im- peachment. Section 3. 1. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote. 2. Immediately after they shall be assembled in conse- quence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class, shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if vacancies happen by resignation or otherwise, during the recess of the legislature of any state, the execu- tive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have at- Constitution of the United States. 35 tained to the age of thirty years, and been nine years a citi- zen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Yice-President of the United States shall be Presi- dent of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other of&cers, and also a President pro tempore, in the absence of the Vice-Presi- dent, or when he shall exercise the of&ce of President of the United States. 6. The Senate shall have the sole power to try all im- peachments. When sitting for that purpose, they shall be on oath or afiirmation. "When the President of the United States is tried, the Chief Justice shall preside ; and no per- son shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States ; but the party convicted shall neverthe- less be liable and subject to indictment, trial, judgment, and punishment, according to law. Section 4. 1. The times, places, and manner of holding elections for Senators and Eepresentatives, shall be prescribed in each state by the legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing Senators. 2, The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in De- cember, unless they shall by law appoint a different day. Section 5. 1. Each house shall be the judge of the elections, returns, and qualifications, of its own members ; and a majority of 36 Constitution of the United States. eacli shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be author- ized to compel the attendance of absent members, in such manner, and under such penalties as each house may pro- vide. 2. Each house may determine the rules of its proceed- ings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any ques- tion, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section 6. 1. The Senators and Eepresentatives shall receive a com- pensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the ses- sion of their respective houses, and in going to or return- ing from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No Senator or Eepresentative shall, during the time for which he was elected, be appointed to any civil ofi&ce under the authority of the United States, which shall have been created or the emoluments whereof shall have been in- creased during such time ; and no person holding any office under the United States, shall be a member of either house during his continuance in office. Constitution of the United States. 37 Section 7. 1. All bills for raising revenue shall originate in tlie House of Eepresentatives ; but the Senate may propose or concur witli amendments as on other bills. 2. Every bill which shall have passed the House of Eep- resentatives and the Senate, shall, before it become a law, be presented to the President of the United States ; if he approve he shall sign it ; but if not, he shall return it, with his objections, to the house in which it shall have origi- nated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such recon- sideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall be- come a law. But, in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment pre- vent its return, in which case it shall not be a law. 3. Every order, resolution, or vote, to which the concur- rence of the Senate and House of Eepresentatives may be necessary, (except on a question of adjournment,) shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Eepresentatives, according to the rules and limitations prescribed in the case of a bill. Section 8. The Congress shall have power — 1. To lay and collect taxes, duties, imposts, and excises ; 38 Constitution of the United States. to pay the debts and provide for tlie common defence and general welfare of the United States ; but all duties, im- posts, and excises, shall be uniform tbrougbout the United States : 2. To borrow money on the credit of the United States : 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes : 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States : 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures : 6. To provide for the punishment of counterfeiting the securities and current coin of the United States : 7. To establish post of&ces and post roads : 8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the supreme court : to define and punish piracies and felonies committed on the high seas, and offences against the law of nations : 10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water : 11. To raise and support armies ; but no appropriation of money to that use, shall be for a longer term than two years : 12. To provide and maintain a navy : 13. To make rules for the government and regulation of the land and naval forces : 14. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions : 15. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the ser-vice of the United States, reserving to the states respectively, the appointment of the ofl&cers, and the authority of training the militia according to the dis- cipline prescribed by Congress : Constitution of the United States. 39 16. To exercise exclusive legislation in all cases whatso- ever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places pur- chased, by the consent of the legislature of the state in which the same shall be, for the erection of forts, maga- zines, arsenals, dockyards, and other needful buildings : and, 17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or ofi&cer thereof. Section 9. 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law, shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. 5. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another ; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money, shall be published from time to time. 40 Constitution of the United States. 7. No title of nobility shall be granted by tbe United States, and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. Section 10. 1. No state shall enter into any treaty, alliance, or con- federation ; grant letters of marque or reprisal ; coin money; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of at- tainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. 2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspec- tion laws ; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the Con- gress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. AETICLE II. Section 1. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Yiee- President, chosen for the same term, be elected as follows : 2. Each state shall appoint, in such manner as the legis- lature thereof may direct, a number of electors, equal to Constitution of the United States. 41 tlie wliole number of Senators and Eepresentatives to "wMch the state may be entitled in tlie Congress ; but no Senator or Eepresentative, or person holding an of&ce of trust or profit under the United States, shall be appointed an elector. 3. [The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the House of Eepresentatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then from the five highest on the list, the said house shall, in like manner, choose the Presi- dent. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors, shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.] (a) 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. (a) This clause superseded — see Amendments, art. 12. 42 Constitution of the United States. 5. No person, except a natural born citizen, or a citizen of the United States at tlie time of the adoption of this Constitutioji, shall be eligible to the office of President ; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident of the United States. 6. In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the Yice-President, and the Congress may, by law, pro- vide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation; 9. "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Section 2. 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. Constitution of the United States. 43 2. He stall .have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur : and he shall nominate, and by and with the advice and consent of the senate, shall ap- point ambassadors, other public ministers, and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein other- wise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by grant- ing commissions which shall expire at the end of their next session. Section 3. 1. He shall, from time to time, give to the Congress in- formation of the state of the union, and recommend to their consideration, such measures as he shall judge neces- sary and expedient ; he may, on extraordinary occasions, convene both houses, or either of them, and in case of dis- agreement between them, with respect to the time of ad- journment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faith- fully executed ; and shall commission all the officers of the United States. Section 4. 1. The President,' Vice-President, and all civil officers of the United States, shall be removed from office on im- peachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. 44 Constitution of the United States. AETIOLB III. Section 1. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and estab- lish. The judges, both of the supreme and inferior courts, shall hold' their offices during good behavior ; and shall, at stated times, receive for their services a compensation "which shall not be diminished during their continuance in office. Section 2. 1. The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made,' under their authority ; to all cases affecting ambassadors, other public ministers, and consuls ; to all cases of admi- ralty and maritime jurisdiction ; to controversies to which the United States shall be a party; to controversies be- tween two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming land under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or subjects, (a) 2. In all cases affecting ambassadors, other public minis- ters and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Con- gress shall make. 3. The trial of all crimes, except in cases of impeach- ment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been committed ; but (o) See Amendments, art. 11. Constitution of the United States. 45 when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. Section 3. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their ene- mies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or on confession in open court. 2. The Congress shall h^ve power to declare the punish- ment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. AETICLE IV. Section 1. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may, by general laws, pre- scribe the manner in which such acts, records, and pro- ceedings shall be proved, and the effect thereof Section 2. 1. The citizens of each state shall be entitled to all privi- leges and immunities of citizens in the several states. 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be re- moved to the state having jurisdiction of the crime. 3. No person held to service or labor in one state under the laws thereof, escaping into another, shall, in conse- quence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such service or labor may be due. 46 • Constitution of the United States. Section 3. 1. New states may be admitted by tbe Congress into tbis Union ; but no new state sball be formed or erected witbin tbe jurisdiction of any otber state, nor any state be formed by tbe junction of two or more states, or parts of states, without tbe consent of tbe legislatures of tbe states con- cerned, as well as of tbe Congress. 2. Tbe Congress sball bave power to dispose of, and make all needful rules and regulations respecting tbe terri- tory or otber property belonging to tbe United States ; and notbing in tbis constitution sball be so construed as to prejudice any claims of tbe United States, or of any par- ticular state. Section 4. 1. Tbe United States sball guaranty to every state in tbis Union a republican form of government, and sball protect eacb of tbem against invasion ; and on application of tbe legislature, or of tbe executive, (wben tbe legislature cannot be convened,) against domestic violence. AETICLE V. 1. Tbe Cbngress, wbenever two-tbirds of botb bouses sball deem it necessary, sball propose amendments to tbis constitution ; or, on tbe application of tbe legislatures of two-tbirds of tbe several states, sball call a convention for proposing amendments, whicb, in eitber case, sball be valid to all intents and purposes, as part of tbis constitution, wben ratified by tbe legislatures of tbree-fourtbs of tbe several states, or by conventions in tbree-fourtbs tbereof, as tbe one or tbe otber mode of ratification may be pro- posed by tbe Congress ; provided, tbat no amendment wbicb may be made prior to tbe year one thousand eight hundred and eight, shall in any manner affect tbe first and fourth clauses in the ninth section of the first article ; and tbat no state without its consent, sball be deprived of its eq^ual suffrage in the Senate. Co]srsTiTUTio]sr of the United States. 47 AETICLE VI. 1. All debts contracted and engagements entered into, before tbe adoption of tbis constitution, shall be as valid against tbe United States under tbis constitution, as under the confederation. 2. Tbis constitution, and tbe laws of tbe United States wbicb sball be made in pursuance tbereof ; and all treaties made, or wbicb sball be made, under tbe autbority of tbe United States, sball be tbe supreme law of tbe land ; and tbe judges in every state sball be bound tbereby ; anything in tbe constitution or laws of any state to tbe contrary notwithstanding. 3. Tbe Senators and Eepresentatives before mentioned, and tbe members of tbe several state legislatures, and all executive and judicial officers, both of tbe United States and of the several states, sball be bound by oath or affirma- tion, to support tbis constitution : but no religious test shall ever be required as a qualification to any office or public trust under tbe United States. AETICLE VII. 1. The ratification of the conventions of nine states^ shall be sufficient for tbe establishment of this constitution between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from, Virginia. NEW HAMPSHIRE. MASSACHUSETTS. John Langdon, Nathaniel Gorham, Nicholas Gilman. Rufus King. 48 Constitution of the United States. CONNECTICUT. Wm. Samuel Johnson, Roger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. William Livingston, David Brearly, William Patterson, Jonathan Dayton. PENNSYLVANIA. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared IngersoU, James Wilson, Governeur Morris. DELAWARE. George Read, Gunning Bedford, jun.. Attest, John Dickinson, Richard Bassett, Jacob Broom. MARYLAND. James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carroll. VIRGINIA. John Blair, James Madison, jun. NORTH CAROLINA. William Blount, Richard Dobbs Spaight, Hugh Williamson. SOUTH CAROLINA. John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. GEORGIA. William Few, Abraham Baldwin. William Jackson, Secretary. IN CONVENTION. Monday, September 17, 1781. Resolved, That the preceding Constitution be laid before the United States in Congress assembled ; and that it is the opinion of this Convention that it should afterwards be submitted to a convention of delegates chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification ; and that each convention, assenting to and ratifying the same, should give notice thereof to the United States in Congress assembled. Eesolved, That it is the opinion of this Convention, that, as soon as the conventions of nine states shall have ratified this Con- Constitution of the United States. 49 stitution, tbe United States in Congress assembled should fix a day on which electors should be appointed by the states which shall have ratified the same, and a day on which electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution ; that, after such publication, the electors should be appointed, and the Senators and Representatives elected ; that the electors should meet on the day fixed for the election of the President, and should transmit their votes, certified, signed, sealed, and directed, as the Constitu- tion requires, to the Secretary of the United States in Congress assembled ; that the Senators and Representatives should convene at the time and place assigned ; that the Senators should appoint a President of the Senate, for the sole purpose of receiving, opening, and counting the votes for President ; and that, after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution. By the unanimous order of the Convention: G. WASHINGTON, President. IN CONTENTION. September 17, 1787. Sm : We have now the honor to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most advisable. The friends of our country have long seen and desired that the power of making war, peace, and treaties ; that of levying money, and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the general government of the Union ; but the impropriety of dele- gating such extensive trust to one body of men is evident : hence results the necessity of a different organization. It is obviously impracticable, in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals enter- ing into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend, as well on situation and circumstances, as on the object to be obtained. It is at all times difficult to draw with precision, the line between those rights which must be surrendered and those which may be reserved ; and, on the present occasion, this difficulty was in- creased by a difference among the several states, as to theii* situ- ation, extent, habits, and particular interests. In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true 4 50 CONSTITITTION OF THE UNITED STATES. American — the consolidation of our Union ; in whicli is involved our prosperity, felicity, safety — perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the convention to be less rigid on points of inferior magnitude than might have been otherwise ex- pected ; and thus the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and con- cession which the peculiarity of our political situation rendered indispensable. That it wUl meet the full and entire approbation of every State, is not perhaps to be expected ; but each wiU doubtless consider, that, had her interests alone been consulted, the consequences might have been particularly disagreeable or injurious to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe ; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. With great re- spect, we have the honor to be, sir, your excellency's most obedient and humble servants. By the unanimous order of the Convention : G. WASHINGTON, President. His Excellency the President of Congress. The United States in Congress assembled. Pkidat, September 28, 1181. Congress having received the report of the convention lately assembled in Philadelphia, Besolved, unanimously, That the said report, with the resolu- tions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the convention, made and provided in that case. Chaeles Thomson, Secretary. gim^ittents t0 tlx\ ^Gniiktm. Article I. Congress sliall make no law respecting an establisliment of religion, or prohibiting tlie free exercise thereof; or abridging the freedom of. speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Article II. A well regulated militia being necessary to the security of a free state, the right of the people tO' keep and bear arms shall not be infringed. Article III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. (a) Article IY. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (a) It is not perceived, that the "manner" of quartering soldiers in time of •war, without the consent of the owners of houses, has yet been prescribed by law. 52 Amendments to the Constitution. Aeticle V. No person stall be held to answer for a capital or other- wise imfamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb : nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensa- tion. Aetiole VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascer- tained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of coun- sel for his defence. Aetiole VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be other- wise re-examined in any court of the United States, than according to the rules of the common law. Aetiole VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendments to the Constitution. 53 Article IX. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Article X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Article XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. Article XII. (a) 1. The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the per- son voted for as President, and in distinct ballots the per- son voted for as Vice-President ; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate ; the President of the Senate shall, in the presence of the Senate and House of Eepresentatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President, shall be the Presi- dent, if such number be a majority of the whole number (a) See article ii, section 1, clause 3. 54 Amendments to the Constitution. of electors appointed ; and if no person liave sucli majority, then from the persons having the highest numbers, not ex- ceeding three, on the list of those voted for as President, the House of Eepresentatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote : a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Eepresentatives shall not choose a President whenever the right of choice shall de- volve upon them, before the fourth day of March next following, then the Yice-President shall act as President, as in the case of the death or other constitutional disability of the President. 2. The person having the greatest number • of votes as Vice-President, shall be the Yice-President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President : a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States, TO THE CONSTITUTION OF THE UNITED STATES. A Art. Arts and sciences, to be promoted 1 Acts, records and judicial proceedings of eacli state entitled to faith and credit in other States i Amendments to the Constitution, how made 5 made Appointments to be made by the President 2 Apportionment of representatives 1 Appropriations by law 1 Appropriation for army not to exceed two years 1 Armies, Congress to raise and support 1 Arms, right of the people to keep and bear, (2d amendment) Assemble, ^&o^\ei may, (1st amendment) Attainder, bill of, prohibited to Congress 1 prohibited to the States 1 of treason shall not work corruption of blood or forfeiture, except during the life of the person attainted 3 Sec. Page 8 38 1 45 1 46 „ 51 2 43 2 33,34 9 39 8 38 8 38 51 .. 51 9 39 10 40 45 B Bail, excessive, not required, (8th amendment) Bankruptcy laws to be uniform Bills for raising revenue shall originate in the House of Repre- sentatives before they become laws, shall be passed by both houses and approved by the President ; or, if disapproved, shall be passed by two-thirds of each house not returned in ten days, unless an adjournment intervene, shall be laws Borrow money. Congress may c Capitation tax, apportionment of. Cenmi^, or enumeration, to be made every ten years Citizens of each State shall be entitled to the privileges and im- munities of citizens in the several States 4 52 38 37 37 37 38 39 34 45 56 Index to the Constitution. Alt. Sec. Page Cte'ms, no prejudice to certain 4 3 46 of the United States, or of the several States, not to be prejudiced by any construction of the Constitution 4 3 46 CoasWn^ ir-ofie, regulations respecting 19 39 Coi?M, Congress fix value of foreign 18 38 Commerce, Congress to regulate 18 38 regulations respecting, to be equal and uniform 19 39 Commissions to be granted by the President 2 Common law recognised and established, (7th amendment) Congress vested with power 1 may alter the regulations of State legislatures concern- ing elections of senators and representatives, except sia to place of choosing senators 1 shall assemble once every year 1 officers of government cannot be members of..'. 1 may provide for cases of removal, death, Ac, of Presi- dent and Vice-President 2 may determine the time of choosing electors of Presi- dent and Vice-President 2 may invest the appointment of inferior officers in the President alone, in the courts of law, or the heads of departments 2 may establish courts inferior to the Supreme Court 3 may declare the punishment of treason 3 may prescribe the manner of proving the acts and records of each State 4 to assent to the formation of new States 4 may propose amendments to Constitution or call a con- vention 5 to lay and collect duties 1 to borrow money 1 to regulate commerce — .. 1 to establish uniform laws of bankruptcy and naturali- zation , 1 to coin money, regulate the value of coin, and fix a standard of weights and measures 18 SS to punish counterfeiting 18 38 to constitute tribunals inferior to the Supreme Court 18 38 define and punish piracies, felonies on the high seas, and oflfences against the laws of nations 18 38 to establish post offices and post roads 18 38 to authorize patents to authors and inventors IS 38 to declare war, grant letters of marque, and make rules concerning captures 18 38 to raise and support armies 18 38 to provide and maintain a navy 18 38 to make rules for the government of the army and navy 1 8 38 to call out the militia in certain cases 18 38 to organize, arm, and discipline militia.. „„ „ „..^ 18 3S 3 43 52 1 33 4 35 4 35 6 36 1 42 1 41 2 43 1 44 3 45 1 45 3 46 1 46 8 ST 8 38 8 38 8 38 3 46 3 43 1 46 1 47 1 47 10 40 1 46 8 38 2 44 Index to the CoNSTiTUTioisr. 57 Art. See. Page Congress to exercise exolusiTe legislation over seat of govern- ment 1 8 39 to pass laws necessary to carry the enumerated powers into effect 1 8 39 to dispose of and make rules concerning the territory or other property of the United States 4 President may convene and adjourn, in certain cases... 2 Constitution, 'hoy/ amended 5 laws, and treaties declared to he the supreme law... 6 rendered operative hy the ratification of nine States 7 Contracts, no law impairing 1 ConBCniions for proposing amendments to the Constitution 5 Counterfeiting, Congress to provide for punishment of. 1 Court, Supreme, its original and appellate jurisdiction 3 Courts inferior to the Supreme Court may he ordained by Con- gress 18 38 Ditto ditto 3 1 44 Crimes, persons accused of, fleeing from justice, may he de- manded 4 2 45 how to be tried 3 2 44 Criminal prosecutions, proceedings in cases of, (5th amendment) .. .. 52 r> DeJis against the confederation to be valid 6 1 47 iHiiies to be laid by Congress, and to be uniform 18 38 further provision respecting 19 39 cannot be laid by the States 1 10 40 on exports prohibited 19 39 on imports and exports imposed by States shall inure to the treasury of the United States 1 10 40 E Elections of senators and representatives shall be prescribed by the States 1 4 35 qualifications and returns of members of Congress to be determined by each house...., 15 35 Electors of President and Vice-President, how chosen, and their duties 2 1 40 altered, (see 12th amendment) 53 to vote the same day throughout the United States 2 1 41 no senator or representative, or public officer, shall serve as 2 1 41 ^mumeraiiora every ten years 12 34 SxeciiWuejJOWcr vested in a President, (see Pr-esideni) 2 1 40 Exports not to he i&xei. 19 39 and imports. States prohibited from laying duties on 1 10 40 .Ba; ^os< /acio Zaw, none shall he passed 19 39 prohibited to States 1 10 40 58 Index to the Constitution. F Art. Sec. Page JJVnes, excessive, prohibited, (8tli amendment) 52 JVi^iitues from justice to te delivered up ! 4 2 45 from service may be reclaimed 4 2 45 H Sabeas corpus, writ of, can only be suspended in cases of rebel- lion or invasion 19 39 Souse of Representatives. (See BepresentaUves.) ! to be brought by House of Eepresentatives 1 tried by the Senate 1 judgment on 1 all civil ofScers liable to 2 Importation of slaves, not prohibited till 1808 1 2 34 3 35 3 35 4 43 9 39 1 44 1 44 8 38 1 44 2 44 ges shall hold their offices during good behaviour 3 their compensation 3 Judiciary — tribunals inferior to Supreme Court may be created... 1 Judicial power vested in a supreme court and courts inferior 3 powers of the judiciary 3 restriction as to suits against a State, (11th amend- ment) 53 Judicial proceedings of each State are entitled to faith and credit in every State 4 1 45 Jury trial secured, and shall be held in the State where the crime shall have been committed 3 2 44 further regulated, (6th amendment) 52 secured in suits at common law where the value in controversy shall exceed twenty dollars, (7th amendment) 52 iow, what is declared the supreme 6 1 47 common, recognized and established, (7th amendment) 62 iaws. President to see when faithfully executed 2 3 43 Legislative powers vested in Congress. (See Congress.) i/oanj, authority to make 18 38 Index to the Constitution. 59 M Art, See. Page Marque and reprisal, lettevB of 18 38 Militia to be caMeA. ont 18 38 to be officered by the States 18 38 to be commanded by the President 2 2 42 their right to keep and bear arms secured, (2d amend- ment) 51 Mowy shall be drawn from the treasury only by appropriation laws 1 9 39 Congress to coin and regulate value of. 18 38 States cannot make 1 10 40 N Naturalisation, uniform rules of. 18 38 jrai>y, Congress to provide and govern 18 38 Nohility, titles of, shall not be granted by the United States 1 9 40 nor by the States 1 10 40 o Officers of the House of Representatives shall be chosen by the House 1 of the Senate shall be chosen by the Senate 1 civil, may be removed by impeachment 2 Order of one house requiring the concurrence of the other 1 Oath of the President 2 of the public ofScers 6 PartfoMS, President may grant - 2 2 42 Pafenis to be granted to inventors 18 38 Pe^i^ton, right of, (1st amendment) 51 Fersons held to service or labor, their importation or migration into the United States may be prohibited after 1808... 19 39 escaping from one State to another shall be delivered up to those entitled to service 4 2 45 Piracy, Congress to prescribe punishment for IS 38 Post offices and post roads, es,tah\is,'h.m&n.t oi, 18 38 Powers not delegated to Congress nor prohibited to the States are reserved, (10th amendment) 53 legislative. (See Congress.) executive. (See President.) judicial, (See Judicial.) Presents from foreign powers to public officers prohibited 19 40 2 34 3 35 4 43 7 37 1 42 1 47 Sec. Page „ 51 1 40 1 40 1 40 ,, 53 1 42 1 42 1 42 1 42 i 43 2 42 2 42 2 42 2 43 2 43 60 Index to the Constitution. Art. JPress, freedom of, (1st amendment) President of the TJ. S. vested with the executive power 2 shall be chosen for four years 2 how elected 2 same, (12th amendment) qualifications for 2 who shall act in case of vacancy 2 compensation of 2 shall take an oath of office 2 maybe removed by impeachment 2 President, commander of army, navy, and militia 2 may require the written opinions of the heads of de- partments 2 may reprieve and pardon 2 may make treaties with consent of the Senate 2 may appoint to office with consent of the Senate 2 shall iill up vacancies happening during the recess of the Senate 2 2 43 shall give information to Congress and recommend measures 2 may convene both houses or either house 2 may adjourn them in case of disagreement 2 shall receive ambassadors and public ministers 2 shall take care that the laws be faithfully executed 2 shall commission all officers 2 Primleges anA. immunities of members of Congress 1 of citizens. (See Citizens, also Sights.) Properiy, Congress to provide for care of public 4 3 46 shall not be taken for public use without just compen- sation, (6th amendment) 62 Punishments, cruel and unusual, prohibited, (8th amendment) 52 Q Qtjonim for business, what shall be a 15 36 of States in choosing a President by the House of Repre- sentatives 2 1 41 Quartered — no soldier to be quartered on a citizen, (3d amendm't) .. .. 51 R Beceipts and expenditures, accounts of, to be published 1 Records, how to be authenticated 4 Religion — no law to be made — free exercise of, (1st amendment) .. religious test not required 6 Meprieves granted by the President i 2 Representatives, Souse of, composed of members chosen every second year 1 qualifications of voters 1 3 43 3 43 3 43 3 43 3 43 3 43 6 36 9 39 1 45 .. 51 1 47 2 42 2 33 2 33 Index to the Constitutiojst. 61 Alt. Seo. Page Hepresentaiives, qualifications of members 1 apportionment of 1 vacancies, how supplied 1 shall choose their oificers 1 shall have the power of impeachment 1 shall be the judge of the election and qualifica- tions of its members..... 1 what shall be a quorum 1 any number may adjourn, and compel the at- tendance of absentees 1 may determine the rules of proceeding 1 may punish or expel a member 1 shall keep a journal and publish the same 1 shall not adjourn for more than three days, nor to any other place, without the consent of the Senate 1 one-fifth may require the yeas and nays 1 shall originate bills for raising revenue 1 compensation to be ascertained by la* 1 privileged from arrest, except in certain oases... 1 shall not be questioned for speech or debate in the House 1 shall not be appointed to oflBoe 1 shall not serve as electors of President 2 and direct taxes apportioned according to num- bers..'. 1 Representation of a State, vacancies in, supplied until a new election by executive authority 1 Resolution, order, or vote, requiring the concurrence of both houses, to undergo the formalities of bills 1 Revenue bills to originate in the House of Eepresentatives 1 Rights of the citizen declared to be — privileges of citizens of the several States 4 2 45 liberty of conscience in matters of religion, (1st amend- ment) 61 freedom of speech and of the press, (2d amendment) 51 to assemble and petition, (2d amendment) 61 to keep and bear arms, (2d amendment) 51 to be exempt from the quartering of soldiers, (3d amend- ment) 51 to be secure from unreasonable searches and seizures, (4th amendment) 61 to be free from answering for a crime, unless on present- ment or indictment of a jury, (5th amendment) 52 not to be twice jeoparded for the same ofience, (5th Amend- ment) 62 not to be compelled to be a witness against himself, (5th amendment) 52 not to be deprived of life, liberty, or property, without due course of law, (5th amendment) 52 2 ,S3 2 34 2 34 2 34 2 36 5 36 5 35 5 36 6 36 5 36 5 36 5 36 5 36 7 37 6 36 6 36 6 36 6 36 1 41 2 33 2 34 7 37 7 37 62 Index to the Constitutiok. Art. Soo. Paga Sights, private property not to be taken for public use, (5th amendment) 52 in criminal prosecutions, shall enjoy the right of a speedy trial by jury with all the means necessary for his defence, (6th amendment) 52 in ciyil cases, trial to be by a jury, and shall only be re-examined according to common law, (7th amend- ment) 52 excessive bail shall not be required, excessive fines im- posed, nor cruel or unusual punishments inflicted, (8th amendment) 52 enumeration of certain rights shall not operate against retained rights, (9th amendment) 53 iJttZea, each house shall determine its own 15 36 s Seat of gcniemment, exclusive legislation 1 Searches and seizures, security against, (4th amendment) Senate, composed of two senators from each State 1 how chosen, classed, and terms of service 1 qualifications of senators 1 Vice-President to be President of the 1 shall choose their officers 1 shall be the judge of the elections and qualifications of its members 1 what number shall be a quorura 1 any number may adjourn and compel attendance of ab- sentees 1 may determine its rules 1 may punish or expel a member 1 shall keep a journal, and publish the same, except parts requiring secrecy 1 shall not adjourn for more than three days, nor to any other place, without the consent of the other house 1 one-fifth may require the yeas and naya 1 may propose amendments to bills for raising revenue 1 shall try impeachments 1 eflTect of their judgment on impeachment 1 compensation to be ascertained by law 1 privileged from arrest 1 not questioned for any speech or debate 1 shall not be appointed to office 1 senator shall not be elector , 2 Senators and representatives, elections of, how prescribed X Slaves, their importation may be prohibited after 1808 1 escaping from one state to another may be reclaimed 4 Soldiers iioi quartered on citizens, (3d amendment) Speaker, how chosen \ Speech, freedom of, (1st amendment) 8 39 51 3 34 3 34 3 34 3 35 3 35 5 35 5 35 5 36 5 36 5 36 5 36 5 36 5 36 1 3T 3 35 3 35 6 36 6 36 6 36 6 36 1 40 4 35 9 39 2 45 „ 51 2 34 „ 51 Index to the Constitution. 63 Art. Sec. Page States prohibited from — entering into treaty, alliance, or confederation 1 10 40 granting letters of marque 1 10 40 coining money 1 10 40 emitting bills of credit 1 10 40 making anything a tender but gold and silver coin 1 10 40 passing bills of attainder, ex post facto laws, or laws im- pairing contracts 1 10 40 granting titles of nobility 1 10 40 laying duties on imports and exports 1 10 40 laying duties on tonnage 1 10 40 keeping troops or ships of war in time of peace 1 10 40 entering into any agreement or contract with another State or a foreign power 1 10 40 engaging in war 1 10 40 iSteies, new, may be admitted into the Union 4 3 46 may be formed within the jurisdiction of others, or by the junction of two or more, with the consent of Con- gress and the legislatures concerned 4 3 46 State judges bound to consider treaties, the Constitution, and the laws under it, as supreme 6 .. 47 State, every, guarantied a republican form of government, pro- tected by United States 4 4 45 Supreme Court. (See Court and Judiciary.) ySMife a< commoji ZfflM), proceedings in, (7th amendment) 52 T Taa;, (fjVeci, according to representation 12 S3 shall be laid only in proportion to census 19 39 Taa; on exports prohibited 1 9 39 render, what shall be a legal 1 10 40 Territory, or public property, Congress may make rules con- cerning 4 3 46 Tesi, religious, shall not be required 6 1 47 Titles. (See Nobility.) 3\'tte from foreign State prohibited 19 39 JVeasore, defined 3 3 45 two witnesses, or confession, necessary for conviction... 3 3 45 punishment of, may be prescribed by Congress 3 3 45 Treasury, money drawn from, only by appropriation 19 39 Treaties, how made 2 2 43 the supreme law 6 1 47 States cannot make 1 10 40 V Vacaricies happening during the recess may be filled tempo- rarily by the President 2 2 43 in representation in Congress, how filled 12 34 Sec, Page 7 37 3 35 1 41 •• 53 1 42 i 43 1 37 64 Index to the Constitution. Art. Veto of the President, effect of, and proceedings on 1 Vice President qf the U. S. to be President of the Senate 1 how elected 2 12th amendment shall, in certain cases, discharge the duties of President 2 may be removed by impeachment 2 Vote of one house requiring concurrence of the other 1 w TCar, Congress to declare , , 18 38 Warrants for searches and seizures, when and how they shall issue, (4th amendment) 51 Witness, in criminal cases, no one compelled to be, against him- self, (5th amendment) 52 Weights and measures, siajRdiaxdL oi ,. 18 38 Y J'coi onti Jiays entered on journal , 15 36 . ORIGIN, ETC. 01' THE NAYAL ESTABLISHME:^T OF THE UNITED STATES. In Congress, November 10, 1775. Besolved, That two battalions of marines be raised, consisting of one colonel, two lieutenant colonels, two majors, and other officers, as usual in other regiments ; that they consist of an equal number of privates, with other battalions ; that particular care be taken that no persons be appointed to offices, or enlisted into said battalions, but such as are good seamen, or so acquainted with maritime affairs, as to be able to serve to advantage by sea, when required ; that they be enlisted and commissioned to serve for and during the present war between Great Britain and the colonies, unless dismissed by order of Congress ; that they be distinguished by the names of the first and second battalions of American marines. In Congress, November 25, 1775. 1. Besolved, That all such ships of war, frigates, sloops, cut- ters, and armed vessels, as are, or shall be, employed in the present cruel and unjust war against the United Colonies, and shall fall into the hands of, or be taken by, the inhabitants thereof, be seized and forfeited to and for the purposes hereinafter mentioned. 2. Besolved, That all transport vessels in the same service, having on board any troops, arms, ammunition, clothing, provi- sions, or military or naval stores, of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carry- ing provisions, or other necessaries, to the British army, or armies, or navy, that now are, or shall hereafter be, within any of the 5 66 Oeigin, &o. of U. S. Naval Establishment. United Colonies, or any goods, wares, or merchandise, for the use of such fleet or army, shall be liable to seizure, and, with their cargoes, shall be confiscated. 3. Resolved, That no master or commander of any vessel shall be entitled to cruise for, or make prize of, any vessel or cargo, before he shall have obtained a commission from the Congress, or from such person or persons as shall be for that purpose appointed, in some one of the United Colonies. 4. That it be, and is hereby, recommended to the several legis- latures in the United Colonies, as soon as possible to erect courts of justice, or give jurisdiction to the courts now in being, for the purpose of determining concerning the captures to be made as aforesaid, and to provide that all trials, in such case, be had by a jury, under such qualifications as to the respective legislatures shall seem expedient. 5. That all prosecutions shall be commenced in the court of that colony in which the captures shall be made ; but if no such court be at that time erected in the said colony, or if the capture be made on open sea, then the prosecution shall be in the court of such colony as the captor may find most convenient : provided, that nothing contained in this resolution shall be construed so as to enable the captor to remove his prize from any colony compe- tent to determine concerning the seizure, after he shall have carried the vessel so seized within any harbor of the same. 6. That in all cases an appeal shall be allowed to the Congress, or such person or persons as they shall appoint for the trial of appeals ; .provided the appeal be demanded within five days after definitive sentence, and such appeal be lodged with the Secretary of Congress within forty days afterwards ; and provided the party appealing shall give security to prosecute the said appeal to effect : and in case of the death of the Secretary daring the recess of Congress, then the said appeal to be lodged in Congress within twenty days after the meeting thereof. 1. That when any vessel or vessels shall be fitted out at the expense of any private person or persons, then the captures made shall be to the use of the owner or owners of the said vessel or vessels ; that where the vessels employed in the capture shall be fitted out at the expense of any of the United Colonies, then one- third of the prize taken shall be to the use of the captors, and the remaining two-thirds to the use of the said colony ; and where the vessels so employed shall be fitted out at the continental charge, Origin-, &o. of U. S. Naval Establishment. 67 then one-third shall go to the captors, and the remaining two- thirds to the use of the United Colonies : provided, nevertheless, that if the capture be a vessel of war, then the captors shall be entitled to one-half of the value, and the remainder shall go to the colony or continent, as the case may be ; the necessary charges of condemnation of all prizes being deducted before distribution made. In Congress, Novemter 28, 1775. The Congress resumed the consideration of the rules and orders for the navy of the United Colonies, and the same being debated by paragraphs, were agreed to. [KoTE. — As the rules and regulations of the Wavy, ordained by Congress prior to the adoption of the constitution in 1788, have been, in an approved form, enacted into a law of the United States, it is deemed unnecessary to in- sert them here. See the act of April 23, 1800; chap. 187, vol. 3.] In Congress, December 5, 1775. Resolved, That in cases of re-captures, the re-captors have, and retain, in lieu of salvage, one-eighth part of the true value of the vessel and cargo, or either of them, if the same hath or have been in possession of the enemy twenty-four hours; one-fifth part, if more than twenty-four hours, and less than forty-eight hours ; one- third part, if more than forty-eight, and less than ninety-six hours ; and one-half, if more than ninety-six hours, unless the vessel shaU, after the capture, have been legally condemned as a prize by some court of admiralty, in which case the re-captors to have the whole : in all which cases, the share detained, or prize, to be divided between the owners of the ship making the re-capture, the colony, or the continent, as the case may be, and the captors, agreeably to a former resolution. In Congress, December 11, 1775. Besolved, That a committee be appointed to devise ways and means for furnishing these colonies with a naval armament, and report with all convenient speed. In Congress, December 13, 1775. The committee appointed to devise ways and means for fitting out a naval armament, brought in their report, which, being read and debated, was agreed to as follows : 68 Origin, &o. of U. S. Naval Establishment. That five ships of 32 guns, five of 28 guns, three of 24 guns, making in the whole thirteen, can be fitted for the sea, probably by the last of March next, viz : in New Hampshire one, in Mas- sachusetts Bay two, in Connecticut one, in Rhode Island two, in New York two, in Pennsylvania four, and in Maryland one. That the cost of these ships, so fitted, will not be more than 66,666f dollars each, on an average, allowing two complete suits of sails for each ship, equal in the whole to 866,666f dollars. That the materials for fitting them may be all furnished in these colonies, except the articles of canvass and gunpowder ; and that, therefore, it will be proper the Congress direct the most speedy and effectual means of importing the said articles of canvass and powder ; that of the former, '7,500 pieces will be wanted, and that of the latter, one hundred tons. Resolved, That a committee be appointed with full powers to carry the said report into execution, with all possible expedition, (except what relates to canvass and powder,) at the expense of the United Colonies. In Congress, December 22, 1775. Besolved, That the committee for fitting out armed vessels, issue warrants to all ofiicers employed in the fleet under the rank of third lieutenants. Besolved, That the said committee be directed (as a secret coihmittee) to give such instructions to the commander of the fleet, touching the operations of the ships under his command, as shall appear to the said committee most conducive to the defence of the United Colonies, and to the distress of the enemy's naval forces and vessels bringing supplies to their fleets and armies, and lay such instructions before the Congress when called for. In Congress, January 6, 1776. The committee, to whom it was referred to consider how the share of prizes allotted to the captors ought to be divided be- tween the officers and men, brought in their report ; which, being taken into consideration, was agreed to as follows : Besolved, That the commander-in-chief have one-twentieth part of the said allotted prize money, taken by any ship or ships, armed vessel or vessels, under his orders and command. That the captain of any single ship, or armed vessel, have two- Origin, &c. 05 U. S. Naval Establishment. 69 twentieth parts for his share, but if more ships or armed vessels be ia company, when a prize is taken, then the two-twentieth parts to be divided amongst all the said captains. That the captains of marines, lieutenants of the ships or armed vessels, and masters thereof, share together, and have three-twen- tieth parts divided among them equally, of all prizes taken when they are in company. That the lieutenants of marines, surgeons, chaplains, pursers, boatswains, gunners, carpenters, the master's mates, and the secre- tary of the fleet, share together, and have two-twentieth parts and one-half of a twentieth part, divided among them equally, of all prizes taken when they are in company. That the following petty warrant and petty officers, viz : (allow- ing for each ship six midshipmen, for each brig four midshipmen, and each sloop two midshipmen, one captain's clerk, one surgeon's mate, one steward, one sailmaker, one cooper, one armorer, two boatswain's mates, two gunner's mates, two carpenter's mates, one cook, one cockswain, two sergeants of marines for each ship, and one sergeant for each brig and sloop) have three-twentieth parts divided among them, equally ; and when a prize is taken by any ship or vessel, on board or in company of which the commander- in-chief is, then the commander-in-chief's cook or cockswain to be added to this allotment, and have their shares with these last men- tioned. That the remaining eight-twentieth parts and one-half of the twentieth part, be .divided among the rest of the ship or ship's companies, as it may happen, share and share alike. That no officer or man have any share, but such as are actually on board their several vessels when any prize or prizes are taken, excepting only such as may have been ordered on board any other prizes before taken, or sent away by his or their commanding officers. In Congress, January 25, 1776. Besolved, That the direction of the fleet fitted out by order of Congress be left to the naval committee. In Congress, March 23, 1776. Resolved, That the inhabitants of these colonies be permitted to fit out armed vessels to cruise on the enemies of these United Colonies. 70 OsiGrN, &c. OF U. S. Naval Establishment. In Congress, April 2, 1776. The committee appointed to prepare the form of a commission, and instructions to commanders of private ships of war, brought in the same, which were read. The commission being agreed to, is as follows : The delegates of the United Colonies of New Hampshire, &c., to all to whom these presents shall come, greeting : Know ye, that we have granted, and by these presents do grant, license and authority to , mariner, commander of the ■ , called , of the burden of tons, or thereabouts, belonging to of , in the colony of , mounting carriage guns, and navigated by men, to fit out and set forth the said , in a warlike manner, and by and with the said and crew thereof, by force of arms to attack, seize, and take the ships and other vessels belonging to the inhabitants of Great Britain, or any of them, with their tackle, apparel, fur- niture, and lading, on the high seas, or between high and low water marks, and to bring the same to some convenient ports in the said colonies, in order that the courts, which are or shall be there appointed to hear and determine causes, civil and maritime, may proceed in due form to condemn the said captures, if they be adjudged lavrful prize ; the said having given bond, with sufficient sureties, that nothing be done by the said , or any of the of&cers, mariners, or company thereof, contrary to, or inconsistent with, the usages and customs of nations, and the instructions, a copy of which is herewith delivered to him. And we will and require all our officers whatsoever, to give succor and assistance to the said in the premises. This commission vrill continue in force until the Congress shall issue orders to the contrary. By order of Congress : Attest . , President. r In Congress, April 3, 1776. Besolved, That blank commissions for private ships of war, and letters of marque and reprisal, signed by the President, be sent to the general assemblies, conventions, and councils, or committees of safety, of the United Colonies, to be by them filled up and deliv- ered to the persons intending to fit out such private ships of war, Origin, &o. of U. S. Naval Establishment. 71 for making captures of Britisli vessels and cargoes, who shall apply for the same, and execute the bonds which shall be sent with the said commissions, which bonds shall be returned to the Con- gress. Resolved, That every person intending to set forth and fit out a private ship or vessel of war, and applying for a commission or letter of marque and reprisal for that purpose, shall produce a writing subscribed by him, containing the name and tonnage or burden of the ship or vessel, the number of her guns, with their weight of metal, the name and place of residence of the owner or owners, the names of the commander and other of&cers, the num- ber of the crew, and the quantity of provisions and warlike stores ; which writing shall be delivered to the secretary of Congress, or to the clerk of the House of Representatives, convention, or coun- cil, or committee of safety, of the colony in which the ship or vessel may be, to be transmitted to the said secretary, and shall be registered by him ; and that the commander of the ship or vessel, before the commission or letter of marque and reprisal may be granted, shall, together with sureties, seal and deliver a bond, in the penalty of five thousand dollars, if the vessel be of one hun- dred tons or under, or ten thousand dollars, if of a greater burden, payable to the President of the Congress, in trust, for the use of the United Colonies, with condition in the form following, to wit : " The condition of this obligation is such, that if the above bounden , who is commander of the called , belonging to , of , in the colony of , mount- ing . carriage guns, and navigated by ■ men, and who hath applied for a commission, and letters of marque and reprisal, to arm, equip, and set forth to sea the said , as a private ship of war, and to make captures of British vessels and cargoes, shall not exceed or transgress the powers and authorities which shall be contained in the said commission, but shall, in all things, observe and conduct himself and govern his crew, by and according to the same, and certain instructions therewith to be delivered, and such other instructions as may hereafter be given to him ; and shall make reparation for all damages sustained by any misconduct or unwarrantable proceedings of himself, or the officers or crew of the said , then this obligation shall be void, or else remain in force :" which bond shall be lodged with the said secretary of Congress. 72 Origin, &c. of U. S. Naval Establishment. In Congress, June 6, 1776. Resolved, That the marine committee be empowered to affix the names to each particular ship, and determine the vessel which each captain is to take command of. In Congress, August 5, 1776. Resolved, That the marine committee be directed to order the ships and armed vessels, belonging to the continent, out on such cruises as they shall think proper. In Congress, August 23, 1776. Resolved, That the marine committee be authorized and em- powered to purchase materials in all such parts of America, as they may think proper, for building more ships of war, and that the said committee report to Congress a plan of the ships that should be built in addition to the present navy. In Congress, October 30, 1776. Resolved, That the rank of officers of marines be the same as officers of similar commissions in the land service : That the commanders, officers, seamen, and marines, in the con- tinental navy, be entitled to one-half of merchantmen, transports, and store-ships, by them taken, from and after the first day of November, lYtG, to be divided amongst them in the shares and proportions fixed by former resolutions of Congress : That the commanders, officers, seamen, and marines, in the con- tinental navy, be entitled to the whole value of all ships and ves- sels of war belonging to the crown of Great Britain, by them made prize of, and all privateers authorized by his Britannic majesty to war against these States, to be divided as aforesaid. In Congress, November 15, 1776. Congress took into consideration the report of the committee relative to the navy : whereupon. Resolved, That a bounty of twenty dollars be paid to the com- manders, officers, and men, of such continental ships or vessels of Origin, &c. of U. S. Naval Establishment. 73 war, as shall make prize of any British ships or vessels of war, for every cannon mounted on board each prize at the time of such capture ; and eight dollars per head, for every man then on board, and belonging to such prize : That the rank of the naval officers be, to the rank of officers in the land service, as follows : Admiral - - as a - General, Vice Admiral - " - Lieutenant General, Rear Admiral - " - Major General, Commodore - " Brigadier General, Captain of a ship of 40 guns| „ _ Colonel and upwards ) ' Captain of a ship of 20 to 40 ) „ _ Lieutenant Colonel, guns \ ' Captain of a ship of 10 to 20l „ -w- . gunsj " "' ' Lieutenant in the Navy " - Captain. In Congress, July 16, 1777. Resolved, That the pay and subsistence of surgeons in the navy, be equal to the pay and subsistence of the lieutenants of the vessels to which they shall respectively belong. In Congress, June 9, 1779. Resolved, That the management of all business relating to the marine of these United States be vested in commissioners. In Congress, July 15, 1779. Resolved, That the marine committee be, and they hereby are, directed forthwith to cause the crews of vessels captured from the enemy to be confined on board prison ships, and supplied and treated, in all respects, in the same manner as the crews of vessels belonging to these United States, and captured by the enemy, are supplied and treated. In Congress, October 28, 1779. Congress took into consideration the report of the marine com- mittee, respecting the navy department : whereupon, 74 Oeigin, &c. of U. S. Naval Establishment. Resolved, That a board of admiralty be established, to super- intend the naval and marine affairs of these United States, to consist of three commissioners, not members of Congress, and two members of Congress, any three of whom to form a board for the despatch of business ; to be subject, in all cases, to the control of Congress : That there shall not be more than one member of the said board, at any time, belonging to the same State : That there shall be a secretary to the said board, to be appointed by Congress : That the board hare power to appoint a clerk to assist them in the execution of the business of the department: That the said board of admiralty be, and they are hereby au- thorized, empowered, and directed, to form proper plans for increasing the naval force of the United States, and for the better regulating the same, and lay them before Congress : That they have the ordering and directing the destination of all ships and vessels of war ; that they superintend and direct such navy boards as are now established, or may at any time hereafter be established by Congress ; cause fair entries to be made, and proper accounts kept, of all business transacted by them ; examine the accounts of the several navy boards, and all agents and other persons who have transacted, or may transact, any business rela- tive to the marine department, where such accounts have not been finally settled ; report the same to Congress, and make proper entries in their books, so that the whole matters may be compre- hended in one view ; keep an alphabetical and accurate register of the names of all officers of the navy in the service of the United States, with their rank and the date of their commissions, which commissions shall be signed by the president of Congress, and countersigned by the secretary of the said board of admiralty ; publish, annually, a register of all appointments ; obtain regular and exact returns of all warlike stores, clothing, provisions, and all other necessary articles, belonging to the marine department ; take the care and direction of all marine prisoners ; execute all such matters as shall be directed, and give their opinion on all such subjects as shall be referred to them by Congress, or as they may think necessary for the better regulation and improvement of the navy of the United States ; and, in general, to superintend and direct all the branches of the marine department : Origin, &c. of U. S. Naval Establishment. 75 That the said board shall sit in the place where Congress shall be held, and no member of the board shall absent himself, without leave of Congress, or the committee of the States, in the recess of Congress : That all the proceedings of the said board shall be inspected by Congress, or a committee by them appointed for that purpose, as often as may be thought proper and convenient ; and every mem- ber of Congress may have free access to the records and papers of the said board, excepting such as are in their nature secret : That all navy and marine officers, and others, attending upon, or connected with, the admiralty department, be, and they are hereby, required and enjoined, to observe the directions of the said board, in all such other matters as they may be directed, or may tend, to facilitate the business of the department. Resolved, That the salary of each of the three commissioners, who shall conduct the business of the board of admiralty, be four- teen thousand dollars per annum, and the salary of the secretary of the said board, be ten thousand dollars per annum ; said sala- ries to be annually, or oftener, if Congress shall judge it expedient, revised and altered, agreeably to the appreciation of the continen- tal currency. In Congress, November 16, 1779. That the marine committee be authorized, from time to time, to appoint advocates for the purpose of taking care of, and managing, the maritime causes in which the United States are, or may be, concerned. In Congress, December 8, 1779. Resolved, That all matters heretofore referred to the marine committee, be transmitted to the board of admiralty. In Congress, January 8, 1780. Resolved, That the marines of the navy of the United States, whilst doing garrison duty, be allowed the same subsistence mo- neys as are allowed to the officers and soldiers of the line of the army. 76 Origin, &c. op U. S. Naval Establishment. In Congress, April 20, 1780. The board of admiralty reported the form of a commission for the naval ofScers in the employ of the United States, which was agreed to, as follows : The United States of America in Congress assembled, to , greeting. We, reposing especial trust and confidence in your valor, con- duct, and fidelity, do, by these presents, constitute and appoint you to be in the navy of the United States, to take rank from the ; you are, therefore, carefully and diligently to discharge the duty of , by doing and performing all manner of things thereunto belonging. And we do strictly charge and require all officers, marines, and seamen under your command, to be obedient to your orders, as . And you are to observe and follow such orders and directions, from time to time, as you shall receive from Congress, a committee of the States, the board of admiralty, the commander-in-chief, for the time being, of the navy of the United States, or any other, your superior, officer, according to the rules and discipline of the navy and the usage of the sea. This commission to continue in force until revoked by Congress, or a committee of the States. Witness , president of the Congress of the United States of America, at , the day of , in the year of our Lord , and in the year of our independence. Entered in the admiralty office, and examined by the board. Attest , Secretary of the Board of Admiralty. In Congress, August 1, 1780. A report from the board of admiralty was read : whereupon, Resolved, That any officer who, by virtue of his commission, or warrant, hath served, or hereafter shall serve, on board any ship of war, of twenty guns and upwards, belonging to the navy of these States, and shall thereafter serve in the same rank on board any other vessel of inferior force, such oflicer shall receive the same pay as he was entitled to when serving in a ship of twenty guns and upwards ; any resolution to the contrary notwithstanding. Origin, &c. of U. S. Naval Establishment. 77 In Congress, February 7, 1781. Resolved, That there be a Superintendent of Finance, a Secre- tary of War, and a Secretary of Marine. Resolved, That it shall be the duty of the Secretary of Marine to examine into, and to report to Congress, the present state of the navy, a register of the officers, in and out of command, and the dates of their respective commissions ; and an account of all the naval and other stores belonging to the department ; to form estimates of all pay, equipments, and supplies, necessary for the navy, and, from time to time, to report such estimates to the Superintendent of Finance, that he may take measures for provid- ing for the expenses, in such manner as. may best suit the condition of the public treasury ; to superintend and direct the execution of all resolutions of Congress respecting naval preparations ; to make out, seal, and countersign, all marine commissions, keep registers thereof, and publish annually a list of all appointments ; to report to Congress the officers and agents necessary to assist him in the business of his department; and, in general, to execute all the duties and powers specified in the act of Congress constituting the board of admiralty. In Congress, July 18, 1781. Resolved, That the care of the marine prisoners, heretofore entrusted to the board of admiralty, be transferred to the commis- sary of prisoners, under the superintendence of the board of war. That the seal of the admiralty be deposited vrith the secretary of Congress ; and that he seal and countersign the like commis- sions as have heretofore been issued by the board of admiralty, by order of Congress, until a Secretary of Marine shall be appointed. In Congress, August 29, 1781. On a report of a committee, consisting of Mr. Bland, Mr. Var- num, Mr. Duane, to whom were referred sundry motions relative to the board of admiralty, the navy boards, and the mode of con- ducting the business of the navy : Resolved, That, for the present, an agent of the marine be ap- pointed, with authority to direct, fit out, equip, and employ, the ships and vessels belonging to the United States, according to such instructions as he shall, from to time, receive from Congress : 78 Origin, &c. of U. S. Naval Establishment. That all prizes belonging to the United States be sold under his direction, and the produce deposited by him in the hands of the Superintendent of Finance : That all accounts and demands for pay, and for all disburse- ments and expenses, respecting the said marine, be transmitted to the said agent for settlement and payment; and that he cause regular entries thereof to be made and kept : That he shall be allowed a salary at the rate of fifteen hundred dollars per annum, in full of all charges and expenses whatsoever ; that he shall also be allowed a clerk, who shall receive, for his ser- vices, a salary at the rate of five hundred dollars per annum : That both the agent and clerk shall, before they enter into their respective offices, take an oath before the President of Congress, well and faithfully to execute the trust reposed in them, according to the best of their skill and judgment ; and shall enter into bond, with good and sufficient surety, for the due and faithful perform- ance of his office, which shall be lodged in the office of the secre- tary of Congress : That, as soon as the said agent shall enter into the execution of Ms office, the functions and appointments of the board of admi- ralty, the several navy boards, and all civil officers appointed under them, shall cease and be determined. And, lastly, that the registers, books, and papers, belonging to the admiralty and navy boards, or in their custody, shall be de- livered over to the said agent, and preserved by him. In Congress, September 1, 1781. Besolved, That, until an agent of marine shall be appointed by Congress, all the duties, powers, and authority, assigned to the said agent, be devolved upon, and executed by, the Superintendent of Finance : That as soon as the said superintendent shall take upon him the execution of the duties, powers, and authority, hereby devolved upon him, the functions and appointments of the board of admi- ralty, the several navy boards, agents, and all civil officers under them, shall cease and determine. Besolved, That the registers, books, and papers, belonging to the admiralty and navy boards, or in their custody, be delivered over to the said Superintendent of Finance, and preserved by him. Obigin, &c. of U. S. Naval Establishment. 79 In Congress, November 20, 1781. On a report of a committee, consisting of Mr. Connell, Mr. Randolph, and Mr. Carroll, to whom was referred a letter of the Itth of November last, from the Superintendent of Finance : Resolved, 'That the powers vested by the resolutions of the 8th of February, I'ISO, in the board of admiralty, and navy board, respectively, in case of the loss of any ship or vessel of war, in the service of the United States, be vested in the Secretary of Marine ; or until he be appointed and enter upon the execution of his office, in the agent of marine ; except that neither the secretary nor agent of marine shall be authorized to sit in any court of inquiry. Resolved, That it shall be the duty of the secretary or agent of marine to transmit to the United States in Congress assembled, the proceedings of courts martial, previous to the execution of any capital sentence which may be awarded. Resolved, That the powers and duties hereby assigned to the secretary or agent of marine, be assigned to the Superintendent of Finance, to be exercised by him, until such secretary or agent of marine shall be appointed. In Congress, July 24, 1782. Resolved, That the power of negotiating the exchange of ma- rine prisoners be henceforth vested in the agent of marine, who is hereby authorized to appoint a commissary for marine prisoners, to be subject to his orders and instructions. In Congress, June 2, 1783. On the report of a committee, consisting of Mr. Fitzsimmons, Mr. Peters, and Mr. Holten, to whom was recommitted their report, on a motion of Mr. Holten, respecting bonds given by commanders of private armed vessels : Resolved, That the agent of marine, for the time being, be, aud he is hereby, authorized and directed, whensoever complaints are exhibited of public abuses or private injuries committed by the captains or commanders of any privateers, or armed vessels, sail- ing under the authority of the United States, to cause such legal measures for obtaining redress, by means of the bonds given on taking out commissions for such privateers or armed vessels, for any abuses or injuries contrary to their instructions ; or in viola- 80 Oeiqin, &c. op U. S. Naval Establishment. tion of the maritime ordinances of the United States, or the laws and customs of nations, as to justice appertains ; all prosecutions for private injuries, upon said bonds, to be at the risk and expense of the complainants, or the persons said to be aggrieved. In Congress, August 5, 1783. The agent of marine, to whom was referred a resolution of the House of Delegates, of the State of Yirginia, of 26th of June, 1183, reported: That although it is an object highly desirable to establish a respectable marine, yet the situation of the public treasury renders it not advisable to purchase ships for the present, nor until the several States shall grant such funds for the construction of ships, docks, and naval arsenals, and for the support of the naval service, as shall enable the United States to establish their marine upon a permanent and respectable footing. Resolved, That Congress agree to the report. In Congress, August 1, 1787. Resolved, That the commissioner of marine accounts, in settling the accounts of the oflScers, seamen, and marines, of the late navy of the United States, govern himself by the principles established for the line of the army, by the act of Congress of the 10th of April, 1180, (a) so far as the same relates to the allowance for de- preciation ; provided, that no oflScer, seaman, or marine, be entitled to the benefit of this resolve, who was not in service, or liable to be called into service, onthe 10th of April, 1Y80. (a) In Congress, April 10, 1780. Resolved, That when Congress shall be furnished with proper documents to liquidate the depreciation of the continental bills of credit, they will, aa soon thereafter as the state of the public finances will admit, make good to the line of the army, and the independent corps thereof, the deficiency of their original pay occasioned by such depreciation; and that the money and articles heretofore paid or furnished, or hereafter to be paid or furnished, by Congress or the States, or any of them, as for pay, subsistence, or to compensate for de- ficiencies, shall be deemed as advanced on account, until such liquidation as aforesaid shall be adjusted; it being the determination of Congress, that all the troops serving in the continental army shall be placed on an equal footing: provided, that no person shall have any benefit of this resolution, except such as were engaged during the war, or for three years, and are now in service, or shall hereafter engage during the war. LAWS OF THE UNITED STATES IN EELATION TO THE NAYY AND MARINE CORPS. FiEST Congress, First Session. Chapter 1. — Approved, June 1, 1789. — Vol. 1, p. 23. An Act to regulate the time and manner of administering certain oaths. 1. Form of oath to support the Constitution. 4. To all oiSoers of the United States appointed or to be appointed, before they act. Sec. 1. That the oatli or affirmation required by the sixth article of the Constitution of the United States shall be administered in the form following, to wit, "I, A. B. do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States." Sec. 4. That all officers appointed, or hereafter to be appointed, under the authority of the United States, shall, before they act in their respective offices, take the same oath or affirmation, which shall be administered by the person or persons who shall be authorized by law to admin- ister to such officers their respective oaths of office; and such officers shall incur the same penalties in case of failure, as shall be imposed by law in case of failure in taking their respective oaths of office. 82 1st Cong. 1st Sess. — 3d Cong. 1st Sess. Chapter 7.— Approved, August 7, 1789. — Vol. 1, p. 49. An Act to establish an executive department, to be denominated Hie depart- ment of war. (a) That there shall be an executive department, to be denominated the Department of War ; and that there shall be a principal officer therein, to be called the Secretary for the Department of "War, who shall perform and execute such duties as shall from time to time be enjoined on, or entrusted to him by the President of the United States, agreeably to the Constitution, relative to military commis- sions, or to the land or naval forces, (5) ships, or warlike stores of the United States, or to such other matters respecting military or naval affairs, as the President of the United States shall assign to the said department, or rela- tive to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs, (c) And furthermore, that the said prin- cipal officer shall conduct the business of the said depart- ment in such manner as the President of the United States shall from time to time order or instruct. Chapter 1. — Approved, January 13, 1794. — Vol. 1, p. 341. An Act making an alteration in the flag of the United States, [d) That from and after the first day of May, Anno Domini one thousand seven hundred and ninety-five, the flag of the United States be fifteen stripes, alternate red and white. That the Union be fifteen stars, white, in a bhie field. (a) How the Department originated — see vol. i, page 49, note b. (6) Conferred on Secretary of the Navy 30 Apr. 1798, posi. p. 92. (c) Transferred to Secretary of the Interior 3 Mar. 1849, sec. 5. (d) In Congress, June 14, 1777. Resolved, That the flag of the thirteen Uni- ted States be thirteen stripes, alternate red and white; that the union be thirteen stars, white, in a blue field, representing a new constellation. Altered and established by act of 4 Apr. 1818, chap. 34. Third Cokgeess, First Session. 83 Chapter 11.— Approved, March 22, 1794.— Vol. 1, p. 347. An Act to prohibit the carrying on the slave trade from the United States to any foreign place or country. 1. Slave trade prohibited. Vessels so fitted, to be forfeited. 2. Persons fitting out, shall forfeit and pay $2,000. 3. Foreign vessels suspected to be intended for the slave trade, to give bond. 4. Citizens of United States taking on board persons, for the purpose of selling them as slaves, to for- feit $200 for each. Sec. 1. That (a) no citizen or citizens of the United States, or foreigner, or any other person coming into, or residing within, the same, shall, for himself or any other person whatsoever, (b) either as master, factor, or owner, build, fit, (c) equip, load, or otherwise prepare, any ship or vessel, within any port or place of the said United States, nor (d) shall cause any ship or vessel to sail from any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country ; or for the purpose of procuring, from any foreign kingdom, place, or country, the inhabitants of such kingdom, place, or country, to be transported to any foreign country, port,. or place, whatever, to be sold or disposed of as slaves ; and if any ship or vessel shall be so fitted out, as aforesaid, for the said purposes, or shall be caused to sail, so as aforesaid,. {a) The forfeiture under this act is of admiralty jurisdiction : 3 Dal. 297, La Vengeance, 2 Crauch, 406; 9 Wheaton, 381. (J) If the original design of the equipment was to carry on the slave trade, it is immaterial whether the vessel is owned by a citizen or a foreigner : 9 Wheat, 409-413, the St. Jago de Cuba; 10 Wheat, 133, the Plattsburg. The pretended transfer to a Spanish subject and the commencement of a new voy- age from Cuba was not suflScient to avoid the forfeiture of the original adven- ture : 10 Wheat, 133, the Plattsburg; 9 do. 409-413, the St. Jago de Cuba. (c) The fitting need not be completed and the vessel ready for sea; if so far fitted as to show the purpose, she is liable to the forfeiture : 9 Wheat, 381-389, the Emily and the Caroline; same, 409-413, the St. Jago de Cuba; 12 Wheat, 460-473, U. S. vs. Gooding. (d) The libel for breach of this law need not be as precise as the indictment: 9 Wheat, 381; and same, 391, the Merino. The libel alleged "that the said vessel was fitted out at a port of the United States, viz : at Charleston, or caused to be sailed, Ac." for the purpose, Ac, held that stating the charge in the same count in the alternative was sustainable : 9 Wheat, 287-331, the Emily and the- Caroline— see 7 Cranch, 496, s. c. commented on. 84 Third Congeess, First Session. every sucli ship, or vessel, her tackle, furniture, apparel, and other appurtenances, shall be forfeited to the United States; and shall be liable to be seized, prosecuted, and condemned, in any of the circuit courts or district court for the district, where the said ship or vessel may be found and seized. Sec. 2. That all and every person so building, fitting out, equipping, loading, or otherwise preparing, or sending away, any ship or vessel, knowing, or intending, that the same shall be employed in such trade or business, contrary to the true intent and meaning of this act, or any ways aiding or abetting therein, shall severally forfeit and pay the sum of two thousand dollars ; one moiety thereof to the nse of the United States, and the other moiety thereof to the use of him or her who shall sue for and prosecute the same. Sec. 3. That the owner, master, or factor, of each and every foreign ship or vessel, clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the slave trade, and the suspicion being declared to the officer of the customs by any citizen, on oath or affirmation, and such information being to the satisfaction of the said officer, shall first give bond with sufficient sureties to the Treasurer of the United States, that none of the natives of Africa, or any other foreign country, or place, shall be taken on board the said ship or vessel, to be transported or sold as slaves in any other foreign port or place whatever, within nine months thereafter. Sec. 4. That if any citizen or citizens of the United States shall, contrary to the true intent and meaning of this act, take on board, receive, or transport any such persons, as above described in this act, for the purpose of selling them as slaves, as aforesaid, he or they shall forfeit and pay for each and every person so received on board, transported, or sold as aforesaid, the sum of two hundred dollars, to be recovered in any court of the United States proper to try the same ; the one moiety thereof to the use of the United Thied Congress, First Session. 85 States, and the other moiety to the use of such person or persons who shall sue for and prosecute the same. [Approved, March 22, 1Y94.] Vide May 10, 1800, ch. 51. Apr. 20, 1818, ch. 91. Mar. 2, 1807, ch. 22. Mar. 3, 1819, ch. 101. Chapter 12.— Approved, March 27, 1794.— Vol. 1, p. 350. An Act to provide a naval armament, {a) Whereas, the depredations committed by the Algerine corsairs on the commerce of the United States, render it necessary that a naval force should be provided for its protection : Sec. 1. That the President of the United States be authorized to provide, by purchase or otherwise, equip and employ, four ships to carry forty-four guns each, and two ships to carry thirty- six guns each. Sec. 2. That there shall be employed on board each of the said ships of forty-four guns, one captain, four lieutenants, one lieuten- ant of marines, one chaplain, one surgeon, and two surgeon's mates ; and in each of the ships of thirty-six guns, one captain, three lieutenants, one lieutenant of marines, one surgeon, and one surgeon's mate, who shall be appointed and commissioned in like manner as other officers of the United States are. Sec. 3. That there shall be employed, in each of the said ships, the following warrant-officers, who shall be appointed by the Pres- ident of the United States, to wit : one sailing-master, one purser, one boatswain, one gunner, one sail-maker, one carpenter, and eight midshipmen ; and the following petty officers, who shall be appointed by the captains of the ships, respectively, in which they are to be employed, viz: two master's mates, one captain's clerk, two boatswain's mates, one cockswain, one sail-maker's mate, two gunner's mates, one yeoman of the gun-room, nine quarter-gun- ners, (and for the four larger ships) two additional quarter-gnn- ners, two carpenter's mates, one armorer, one steward, one cooper, one master-at-arms, and one cook. Sec. 4. That the crews of each of the said ships of forty-four guns shall consist of one hundred and fifty seamen, one hundred and three midshipmen and ordinary seamen, one sergeant, one corporal, one drum, one fife, and fifty marines : And that the crews of each of the said ships of thirty-six guns shall consist of one hundred and thirty able seamen and midshipmen, ninety ordinary (a) Expired — see sec. 9. 86 Thied Congress, Fibst Session. seamen, one sergeant, two corporals, one drum, one fife, and forty marines, over and above the officers herein before mentioned. Sec. 5. That the President of the United States be, and he is hereby, empowered to provide, by purchase or otherwise, in lieu of the said six ships, a naval force not exceeding in the whole, that by this act directed, so that no ship thus provided, shall carry less than thirty-two guns ; or he may so provide any proportion thereof, which, in his discretion, he may think proper. Sec. 6. That the pay and subsistence of the respective commis- sioned and warrant oiBcers be as follows : A captain, seventy-five dollars per month, and six rations per day; a lieutenant, forty dollars per month, and three rations per day; a lieutenant of marines, twenty-six dollars per month, and two rations per day ; a chaplain, forty dollars per month, and two rations per day ; a sail- ing-master, forty dollars per month, and two rations per day; a surgeon, fifty dollars per month, and two rations per day ; a sur- geon's mate, thirty dollars per month, and two rations per day ; a purser, forty dollars per month, and two rations per day ; a boat- swain, fourteen dollars per month, and two rations per day; a gunner, fourteen dollars per month, and two rations per day ; a sail-maker, fourteen dollars per month, and two rations per day ; a carpenter, fourteen dollars per month, and two rations per day. Sec. Y. That the pay to be allowed to the petty officers, mid- shipmen, seamen, ordinary seamen and marines, shall be fixed by the President of the "United States : Provided, That the whole sum to be given for the whole pay aforesaid shall not exceed twenty-seven thousand dollars per month, and that each of the said persons shall be entitled to one ration per day. Sec. 8. That the ration shall consist of, as follows: Sunday, one pound of bread, one pound and a half of beef, and half a pint of rice : Monday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese : Tuesday, one pound of bread, one pound and a half of beef, and one pound of potatoes or turnips, and pudding : Wednesday, one pound of bread, two ounces of butter, or, in lieu thereof, six ounces of mo- lasses, four ounces of cheese, and half a pint of rice : Thursday, one pound of bread, one pound of pork, and half a pint of peas or beans : Friday, one pound of bread, one pound of salt fish, two ounces of butter or one gill of oil, and one pound of potatoes: Saturday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese. And there shall also be allowed, one half-pint of distilled spirits per day, or, in lieu thereof, one quart of beer per day, to each ration. Sec. 9. That if a peace shall take place between the United States and the Regency of Algiers, that no farther proceeding be had under this act. [_Approved, March 2T, 1T94.J 3d Cong. 1st Sess. — 4:Th Cong. 1st Sess. 87 Chapter 46.— Approved, June 5, 1794.— Vol. 1, p. 376. An Act to authorize the President of the United States, during the recess of the present Congress, to cause to ie purchased or built, a number of ves- sels, to be equipped as galleys, or otherwise, in the service of the United States. Sec. 1. That the President of the United States be, and he is hereby, authorized, during the recess of the present Congress, if the same shall appear to him to be necessary for the protection of the United States, to cause a number of vessels, not exceeding ten, to be built or purchased, and to be fitted out, manned, armed, and equipped, as galleys, or otherwise, in the service of the United States ; the of&cers and men to be on the same pay, and to receive the same subsistence as officers of the same rank and men are entitled to in the navy of the United States. Sec. 2. That the said officers shall be appointed and commis- sioned by the President of the United States, and the said galleys or vessels be stationed in such parts of the United States as he may direct. Sec. 3. That there be appropriated, for the purpose aforesaid, the sum of eighty thousand dollars, to be paid out of the proceeds of any revenue of the United States, vfhich now are, or hereafter, during the present session, shall be, provided, not being otherwise appropriated. And that the President of the United States be authorized to take on loan, of the Bank of the United States, or of any other body politic or corporate, person or persons, the said sum of eighty thousand dollars, to be reimbursed, principal and interest, out of the said proceeds appropriated as aforesaid, accord- ing to such contract or contracts, which shall be made concerning the same. Chapter 14. — Approved, April 20, 1796. — Vol. 1, p. 453. An Act supplementary to an act, entitled "An act to provide a naval armament." Sec. 1. That the President of the United States be authorized to continue the construction and equipment (with all convenient expedition) of two frigates of forty-four, and (a) one of thirty-six guns ; any thing in the act, entitled " An act to provide a naval armament," to the contrary notwithstanding. Sec. 2. That so much of the sum of six hundred and eighty- eight thousand eight hundred and eighty-eight dollars and eighty- two cents, which, by the act of June the ninth, one thousand (a) Chap. 12, ante, p. 85. 88 4th Cong. 1st Sess. — 5th Cong. 1st Sess. seven hundred and ninety-four, was appropriated (to defray the expenses to be incurred pursuant to the act to provide a naval armament) as remains unexpended, as well as the sum of eighty thousand dollars which was appropriated for a provisional equip- ment of galleys, by the before recited act, be appropriated for the said purposes. Sec. 3. That the President of the United States be, and he is hereby authorized, to cause to be sold, such part of the perishable materials as may not be wanted for completing the three frigates, and to cause the surplus of the other materials to be safely kept for the future use of the TJnitea States. ^Approved, April 20, 1Y96.] Chapter 7. — Approved, July 1, 1797.— Vol. 1, p. 523. An Act providing a naval arma-meni. [a) Sbc. ]. That the President of the United States be, and he is hereby, empowered, should he deem it expedient, to cause the frigates United States, Constitution, and Constellation, to be manned and employed. Sec. 2. That there shall be employed on board each of the ships of forty-four guns, one captain, four lieutenants, two lieuten- ants of marines, one chaplain, one surgeon, and two surgeon's mates ; and in the ship of thirty-six guns, one captain, three lieu- tenants, one lieutenant of marines, one surgeon, and one surgeon's mate. Sec. 3. That there shall be employed, in each of the said ships the following warrant officers, who shall be appointed by the Pres- ident of the United States, to wit : one sailing-master, one purser, one boatswain, one gunner, one sail-maker, one carpenter, and eight midshipmen ; and the following petty officers, who shall be appointed by the captains of the ships respectively, in which they are to be employed, viz : two master's mates, one captain's clerk, two boatswain's mates, one cockswain, one sailmaker's mate, two gunner's mates, one yeoman of the gun-room, nine quarter gun- ners, (and for the two larger ships two additional quarter gunners) two carpenter's mates, one armorer, one steward, one cooper, one master-at-arms, and one cook. Sec. 4. That the crews of each of the ships of forty-four guns shall consist of one hundred and fifty seamen, one hundred and three midshipmen and ordinary seamen, three sergeants, three corporals, one drum, one fife, and fifty marines ; and that the crew of the ship of thirty-six guns shall consist of one hundred and (a) Expired — see 14tli sec. Fifth Congress, Fiest Session. 89 thirty able seamen and midshipmen ; ninety ordinary seamen, two sergeants, two corporals, one drum, one fife, and forty marines, over and above the officers herein before mentioned. Sec. 5. That the pay and subsistence of the respective commis- sioned and warrant officers be as follows : A captain, seventy-five dollars per month, and six rations per day; a lieutenant, forty dollars per month, and three rations per day; a lieutenant of marines, thirty dollars per month, and two rations per day ; a chaplain, forty dollars per month, and two rations per day; a sailing master, forty dollars per month, and two rations per day ; a surgeon, fifty dollars per month, and two rations per day ; a surgeon's mate, thirty dollars per month, and two rations per day ; a purser, forty dollars per month, and two rations per day ; a boatswain, twenty dollars per month, and two rations per day ; a gunner, twenty dollars per mouth, and two rations per day ; a sail- maker, twenty dollars per month, and two rations per day; a carpenter, twenty dollars per month, and two rations per day. Sec. 6. That the pay to be allowed to the petty officers, mid- shipmen, seamen, ordinary seamen, and marines, shall be fixed by the President of the United States : provided, That the whole sum to be given for the whole pay aforesaid, shall not exceed fifteen thousand dollars per month, and that each of the said per- sons shall be entitled to one ration per day. Sec. Y. That the ration shall consist of, as follows: Sunday, one pound of bread, one pound and a half of beef, and half pint of rice : Monday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese : Tuesday, one pound of bread, one pound and a half of beef, and one pound of potatoes, or turnips and pudding : Wednesday, one pound of bread, two ounces of butter, or in lieu thereof, six ounces of molasses, four ounces of cheese, and half a pint of rice : Thurs- day, one pound of bread, one pound of pork, and half a pint of peas or beans : Friday, one pound of bread, one pound of salt fish, two ounces of butter, or one gill of oil, and one pound of potatoes : Saturday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese; and there shall also be allowed one half pint of distilled spirits per day, to each ration. Sec. 8. That the officers, non-commissioned officers, seamen, and marines, belonging to the navy of the United States, shall be governed by the rules (a) for the regulation of the navy heretofore established by the resolution of Congress of the twenty-eighth of November, one thousand seven hundred and seventy-five, as far as the same may be applicable to the Constitution and laws of the United States, or by such rules and articles as may hereafter be established. (a) These rules are similar to those adopted by act, approved Apr. 23, 1800, chap. 33. 90 Fifth Oongeess, Fiest Session. Sec. 9. That the appointmtot of the ofiScers to the frigates may be made by the President alone in the recess of the Senate ; and their commissions, if so appointed, shall continue in force till the advice and consent of the Senate can be had thereupon at their next meeting which may happen thereafter. Sec. 10. That the seamen and marines shall not be engaged to serve on board the frigates for a period exceeding one year ; but the President may discharge the same sooner, if in his judgment their services may be dispensed with. Sec. 11. That if any officer, non-commissioned officer, marine, or seaman, belonging to the navy of the United States, shall be wounded or disabled, while in the line of his duty in public ser- vice, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations as shall be directed by the President of the United States. Provided always, That the rate of compensation to be allowed for such wounds or disabilities to a commissioned or warrant officer shall never exceed, for the highest disability, half the monthly pay of such officer at the time of his being so disabled or wounded ; and that the rate of compensation to non-commissioned officers, marines, and sea- men, shall never exceed five dollars per month: And provided, also, That all inferior disabilities shall entitle the person so disa- bled to receive an allowance proportionate to the highest dis- ability. Sec. 12. That the President of the United States be, and he is hereby, authorized, if circumstances should hereafter arise, which in his opinion may render it expedient, to increase the strength of the several revenue cutters, so that the number of men employed do not exceed thirty marines and seamen to each cutter ; and cause the said revenue cutters to be employed to defend the sea- coast, and to repel any hostility to their vessels and commerce within their jurisdiction, having due regard to the duty of the said cutters, in the protection of the revenue. Sec. 13. That the compensations established by the first section of the act passed on the sixth day of May, one thousand seven hundred and ninety-six, entitled " An act making further provision relative to the revenue cutters," be, and the same is hereby, con- tinued and confirmed, on the terms and conditions of the said act, to the mariners and marines who are, or may be, employed as aforesaid. Sec. 14. That this act shall continue in force for the term of one year, and from thence to the end of the then next session of Congress, and no longer. \_Approved, July 1, 1191. J Fifth Congress, Second Session. 91 Chapter 31.— Approved, April 27, 1798.— Vol. 1, p. 552. An Act to provide an additional a.rmament for the further protection of the trade of the United States; and for other purposes. Sec. 1. That the President of the United States shall be, and he is hereby, authorized and empowered to cause to be built, jjur- chased, or hired, a number of vessels, not exceeding twelve, nor carrying more than twenty-two guns each, to be armed, fitted out, and manned under his direction. Sec. 2. That the number and grade of the officers to be ap- pointed for the service of the said vessels shall be fixed by the President of the United States, as well as the number of men, of which the respective crews shall be composed, who, as well as officers, seamen and marines, shall receive the same pay and sub-; sistence, be entitled to the same advantages and compensations, be governed by the same rules and regulations, and be engaged for the same time and on the same conditions, as by an act of the United States, passed the first of July, one thousand seven hundred and ninety-seven, entitled "An act providing a naval armament," is ascertained and established, as fully as if the particular provi- sions of that act, having reference thereto, were herein inserted at large. Provided always, That the President of the United States be, and he is hereby, authorized to cause the term of enlistment of the seamen and marines, to be employed in any vessel of the United States, to be extended beyond one year, if the vessel should then be at sea, and until ten days after such vessel shall arrive in some convenient port of the United States thereafter ; anything contained in this act, or in the act intituled " An act providing a naval armament," to the contrary notwithstanding. Sec. 3. That the officers of the aforesaid vessels may, during the recess of the Senate, be appointed and commissioned by the President alone. Sec. 4. That the sum of nine hundred and fifty thousand dol- lars be, and are hereby, appropriated, out of any moneys in the Treasury of the United States beyond the appropriations that may heretofore have been charged thereon, for the purpose of carrying the objects of this/act into execution. 92 Fifth Congress, Second Session. Chapter 35.— Approved, April 30, 1798.— Vol. 1, p. 558. An Act to establish an executive department to be denominated the depart- ment (a) of the navy. 1. Secretary of the Navy — his duty. 2. He may appoint clerks. 3. He may take possession of the booksj &c., in the war office, which relate to his department. 4. Salary of the Secretary and his clerks. 6. Part of the act establishing the "War Department repealed. Sec. 1. That 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 {b) 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. Sec. 2. That a principal clerk, and such other clerks as he shall think necessary, shall be appointed by the Secre- tary 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. Sec. 3. That the Secretary of the Navy be, and he is hereby, authorized and empowered, immediately after he shall be appointed, and shall enter upon the duties of his office, to take possession of all the records, books, and documents, and all other matters and things appertaining to this department, which are now deposited in the office of the Secretary of War. (a) It had been under the control of the Secretary of War by act 7 Aug; 1789, chap. 7, ante, p. 82. (6) The duties he has to perform are not merely ministerial: 14 Peters, 497, Decatur ys. Paulding ; 6 How. 101. Fifth Congress, Second Session. 93 Sec. 4. That there shall be allowed to the Secretary of the Navy an annual salary of three thousand dollars, (a) payable quarter-yearly at the Treasury of the United States ; and the respective clerks (b) in the of&ce of the said depart- ment shall receive the same compensation, and be subject to the same regulations, as are provided by an act, supple- mental to the act establishing the Treasury Department, and for a further compensation to certain officers in the offices of the other executive departments. Sec. 5. That so much of an act, entituled "An act(c) to establish an executive department, to be denominated the department of war," as vests any of the powers contem- plated by the provisions of this act in the Secretary for the Department of "War, shall be repealed, from and after the period when the Secretary of the Navy shall enter on the duties of his office. [^Approved, April 30, 1T98.] Vide Mar. 3, 1815. Mar. 1, 1817. May 7, 1826. Apr. 29, 1816. Mar. 3, 1821. Mar. 3, 1836. Chapteb 39. — Approved, May 4, 1798. — Vol. 1, p. 556. An Act to authorize the President of the United States to cause to be pur- chased, or built, a number of small vessels, to be equipped as galleys, or otherwise. Sec. 1. That the President of the United States be, and he is hereby, authorized, if the same shall appear to him necessary for the protection of the United States, to cause a number of small Tessels, not exceeding ten, to be built, or purchased, and to be fitted out, manned, armed and equipped as galleys, or otherwise, in the service of the United States, the ofScers and men to be on the same pay, and to receive the same subsistence, as officers of the same rank and men are entitled to in the navy of the United States. (a) Salary increased, by act of 2 Mar. 1799, to S4,600 per annum; and by act of 20 Feb. 1819, to $6,000, commencing from 1 Jan. 1819; and by act of 3 Mar. 1863, chap. 97, to $8,000. (6) Classified and compensation fixed by act of 3 Mar. 1853, chap. 97, sec. 3. (c) 7 Aug. 1789, chap. 7, and subsequent acts. 94 Fifth Congress, Second Session. Sec. 2. That the said officers shall be appointed and commis- sioned by the President of the United States alone during the recess of the Senate ; and the said galleys or vessels shall be stationed in such parts of the United States as he may direct. Sec. 3. That there be appropriated, for the purpose aforesaid, the sum of eighty thousand dollars, out of any moneys ia the Treasury not otherwise appropriated. ^Approved, May 4, 1798.] Chaptes 48.— Approved, May 28, 1798.— Vol. 1, p. 561. An Act more effectually/ to protect the commerce and coasts of the United States. Whereas armed vessels sailing under authority or pretence of authority from the Republic of Trance, having committed depre- dations on the commerce of the TJnited States, and have recently captured the vessels and property of citizens thereof, on and near the coasts, in violation of the law of nations, and treaties between the United States and the Trench nation. Therefore : That it shall be lawful for the President of the United States, and he is hereby authorized to instruct and direct the commanders of the armed vessels belonging to the United States to seize, take, and bring into any port of the United States, to be proceeded against according to the laws of nations, any such armed vessel which shall have committed or which shall be found hovering on the coasts of the United States, for the purpose of committing depredations on the vessels belonging to citizens thereof; and also, to retake any ship or vessel, of any citizen or citizens of the United States, which may have been captured by any such armed vessel. Ohaptee 55.— Approved, June 22, 1798.— Vol. 1, p. 569. An Act to amend the act, intituled "An act providing anaval armament," and the act intituled "An act to authorize the President of the United States to cause to be purchased or built, a number of small vessels, to be equipped as galleys, or otherwise." Sec. 1. That the President of the United States shall be, and he is hereby, authorized, when he shall think fit, to increase the strength of any revenue- cutter, for the purposes of defence, against hostilities near the sea-coast, to employ on board the same, at his discretion, not exceeding seventy marines and seamen ; any thing Fifth Congress, Second Session. 95 in the act, intitutled "An act (a) providing a naval armament," to the contrary hereof notwithstanding. Sec. 2. That the President of the United States shall be, and he is hereby, authorized to fix the degree of rank, and the rate of pay and subsistence, not exceeding what is allowed upon the naval establishment, which shall be granted and allowed to the officers who shall be duly commissioned in the service of the United States on board of any small vessel or galley, which shall be fitted out under his orders, pursuant to the act, intituled "An act to author- ize the President of the United States to cause to be purchased, or built, a number of small vessels, to be equipped as galleys, or otherwise ;" (6) any thing therein to the contrary hereof notwith- standing. [Approved, June 22, 1198.] Chapter 56.— Approved, June 22, 1798.— Vol. 1, p. 569. An Act to extend the privilege nf franking letters and packets to the Secre- tary of the Navy, (c) That all letters and packets, to or from the Secretary of the Navy, shall be received and conveyed by post, free of postage, under the like restrictions and limitations as are provided respect- ing letters and packets to or from the heads of the other depart- ments of the Government, by the nineteenth section of the act, entitled "An act to establish the post office and post roads within the United States." Chapter 62.— Approved, June 28, 1798.— Yol. 1, p. 574. An Act in addition to the act more effectually to protect the commerce and coasts of the United States, [d) Sec. 1. That all such armed vessels as may be seized, taken and brought into any port of the United States, in pursuance of the act, entitled " An act more effectually to protect the commerce and coasts of the United States," with the apparel, guns and appurtenances, of such vessels, and the goods and effects which shall be found on board the same, shall be liable to forfeiture and (a) Chap. 1, 1 July, 1797. (6) Chap. 39, i May, 1798. (c) See act 2 Mar. 1799, chap. 43, sec. 17. (d) See act of 3 Mar. 1800, chap. 14, and 23 Apr. 1800, which seems to sus- pend and supply this act. 96 EiFTH Congress, Second Session condemnation, and may be libelled and proceeded against in the district courts of the United States, for the district into which the same may be brought. Provided, That such forfeiture shall not extend to any goods or effects, the property of any citizen or per- son resident within the United States, and which shall have been before taken by the crew of such captured vessel. Sec. 2. (a) Thatwheneverany vessel, the property of, or employed by, any citizen of the United States, or person resident therein, or any goods or effects belonging to any such citizen or resident, shall be re-captured by any public armed vessel of the United States, the same shall be restored to the former owner or owners, upon due proof, he or they paying and allowing, as and for salvage to the re-captors, one-eighth part of the value of such vessel, goods, and effects, free of all deduction and expenses. Sec. 3. That whenever any armed vessel, captured and con- demned as aforesaid, shall have been of superior or equal force to the public armed vessel of the United States by which such capture shall have been made, the forfeiture shall be and accrue wholly to the captors : and in other cases, one-half thereof shall be to the use of the United States, and the residue to the captors. And all salvage which shall be allowed and recovered upon any vessel, goods or effects re-captured, and to be restored, as aforesaid, shall belong wholly to the officers and crew of the public armed vessel of the United States by which such re-capture shall be made : and the court before whom any condemnation shall be had, as aforesaid, shall and may order the sale of the vessel, goods and effects condemned, to be made at public auction, upon due notice by the marshal of the district in which the same shall be : and all expenses of condemnation and sale being deducted from the pro- ceeds, the part thereof which shall accrue to the United States' shall be paid into the public treasury, and the residue, and all allowances of salvage as aforesaid, shall be distributed to and among the officers and crews concerned therein, in the proportions which the President of the United States shall direct. Sec. 4. That it shall be lawful for the President of the United States to cause the officers and crews of the vessels so captured, and hostile persons found on board any vessel which, shall be re- captured, as aforesaid, to be confined in any place of safety within the United States, in such manner as he may think the public interest may require; and all marshals and other officers of the United States are hereby required to execute such orders as the President may issue for the said purpose. \_Approved, June 28, 1798.] (a) See 3 Mar. 1800, chap. 14, sec. 1. Fifth Congeess, Second Session. 97 Chapter 64.— Approved, June 30, 1798.— Yol. 1, p. 575. An Act supplementary to the act, intituled " An act to provide an additional armament for the further protection of the trade of the United States ; and for other purposes." (a) Sec. 1. That the President of the United States shall be, and he is hereby, authorized to accept, in behalf of the United States, of the proposals of any persons who shall offer and undertake to complete, provide and deliver, to the use, and upon the credit of the United States, on terms in his opinion advantageous or conve- nient, any vessel or vessels, now building, or to be built within the United States, of a model and size which he shall approve, and armed and equipped, or suitable to be armed for the public ser- vice : and upon the delivery of the vessel or vessels, according to such proposals, or to the acceptance of the President of the United States, he may cause proper certificates, or other evidence of the debt or obligation of the United States incurred thereby, to be made and given at the Treasury Department, and which shall be there registered, to the use and benefit of the persons concerned : provided, That not more than twelve vessels, in addition to those already authorized, shall and may be procured, by virtue hereof: and provided, That not more than six per cent, per annum shall be allowed for any credit which shall be given under this act. And all certificates of debt shall be redeemable at the will of Congress. Sec. 2. That the vessels authorized by the act, intituled "An act to provide an additional armament for the further protection of the trade of the United States, and for other purposes," and those which shall be authorized by this act, shall be procured and accepted according to the following rates, as nearly as may be ; that is to say : six of them not exceeding eighteen guns each, and twelve of them not less than twenty, or exceeding twenty-four guns each, and six not less than thirty-two guns each ; and the guns for each vessel to be of such calibre and weight of metal as the President of the United States shall approve ; any thing in the said former act to the contrary hereof notwithstanding. Sec. 3. That the President of the United States may, at his discretion, accept of any vessel armed and equipped, or suitable to be armed, of a model, size and force proper for the public service, which any State, body politic or corporate, citizen or citizens of the United States, shall voluntarily offer and give, for the use of the United States, to increase the naval armament. Sec. 4. That the President of the United States shall be, and he is hereby authorized to determine and direct, according to the rate of each vessel which shall be furnished or accepted in pursuance (a) Chap. 31, 27 Apr. 1798, ante, p. 91. 98 Fifth Congeess, Second Sessiok. of this act, the rank, pay, and subsistence of the commissioned and warrant officers, who shall be appointed thereto; and the number of men to be engaged, and the pay to be allowed them, not exceeding the proportionable grades and allowances which are or shall be authorized by law for the navy of the United States. And all officers of the said navy, according to their respective ranks, shall be appointed in the manner prescribed by the act, intituled, "An act to provide a naval armament." Sec. 5. That the President of the United States may, at his discretion, increase or vary the quotas of seamen, landsmen and marines, to be employed on board the frigates, and may permit a proportion of boys for them, and the other vessels of the navy of the United States, according to the exigencies of the public service. ^Approved, June 30, 1198.] Chapter 68.— Approved, July 9, 1798.— Vol. 1, p. 578. An Act further to protect the commerce of the United States, (a) Sec. 1. That the President of the United States shall be, and he is hereby, authorized to instruct the commanders of the public armed vessels which are, or which shall be employed in the service of the United States, to subdue, seize, and take, any armed French vessel, which shall be found in the jurisdictional limits of the United States, or elsewhere, on the high seas, and such captured vessel, with her apparel, guns, and appurtenances, and the goods or effects which shall be found on board the same, being Trench property, shall be brought within some port of the United States, and shall be duly proceeded against and condemned as forfeited ; and shall accrue and be distributed, as by law is or shall be pro- vided respecting the captures which shall be made by the public armed vessels of the United States. Sec. 2. That the President of the United States shall be, and he is hereby, authorized to grant to the owners of private armed ships and vessels of the United States, who shall make application therefor, special commissions in the form which he shall direct, and under the seal of the United States ; and such private armed ves- sels, when duly commissioned, as ' aforesaid, shall have the same (a) The commander of an armed vessel of the TTnited States has a right to stop vessels on the high seas for examination, Malay vs. Shattuck, 3 Cranch, 458. 1 Cond. Eep. 697. The right of capture is entirely derived from the law; it is a limited right which is subject to all the restraints which legislation has imposed, and is to he exercised in the manner its wisdom has prescribed. The Thomas Gibbons, 8 Cranoh, 421. Cond. Eep. 193. Fifth Congress, Second Session. 99 license and authority for subduing, seizing, and capturing, any armed French vessel, and for the recapture of the vessels, goods, and effects, of the people of the United States, as the public armed vessels of the United States may by law have ; and shall be, in like manner, subject to such instructions as shall be ordered by the President of the United States, for the regulation of their conduct. And the commissions which shall be granted, as afore- said, shall be revocable at the pleasure of the President of the United States. Sec. 3. Provided, That every person intending to set forth and employ an armed vessel, and applying for a commission, as aforesaid, shall produce in writing the name, and a suitable descrip- tion of the tonnage and force of the vessel, and the name and place of residence of each owner concerned therein, the number of the crew, and the name of the commander, and the two officers next in rank, appointed for such vessel ; which writing shall be signed by, the person or persons making such application, and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State. SecI 4. And provided, That before any commission, as afore- said, shall be issued, the owner or owners of the ship or vessel for which the same shall 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, then in the penal sum of fourteen thousand dollars ; with condition that the owners, and officers, and crews who shall be employed on board of such com- missioned vessel, shall and will observe the treaties and laws of the United States, and the instructions which shall be given them for the regulation of their conduct : And will satisfy all damages and injuries which shall be done or committed, contrary to the tenor thereof, by such vessel, during her commission, and to deliver up the same when revoked by the President of the United States. Sec. 5. That all armed French vessels, together with their apparel, guns, and appurtenances, and any goods or effects which shall be found on board the same, being French property, and which shall be captured by any private armed, vessel or vessels of the United States, duly commissioned, as aforesaid; shall be for- feited, and shall accrue to the owners thereof, and, the officers and crews by whom such captures shall be made ; and on due condem- nation had, shall be distributed according to any agreement which shall be between them ; or in failure of such agreement, then by the discretion of the court before whom such condemnation shall be. Sec. 6. That all vessels, goods, and effects, the property of any citizen of the United States, or person resident therein, which 100 Fifth Congress, Second Session. shall be re-captured, as aforesaid, shall be restored to the lawful owners, upon payment by them, respectively, of a just and reason- able salvage, to be determined by the mutual agreement of the parties concerned, or by the decree of any court of the United States having maritime jurisdiction according to the nature of each case : Provided, That such allowance shall not be less than one-eighth, or exceeding one-half of the full value of such re-cap- ture, without any deduction. And such salvage shall be distri- buted to and among the owners, officers, and crews of the private armed vessel or vessels entitled thereto, according to any agree- ment which shall be between them ; or in case of no agreement, then by the decree of the court who shall determine, upon such salvage. Sec. T. That before breaking bulk of any vessel which shall be captured, as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such capture shall be brought into some port of the United States, and shall be libelled and proceeded against before the district court of the same district; and if after a due course of proceedings, such capture shall be decreed as forfeited in the district court, or in the circuit court of the same district, in the case of any appeal duly allowed, the same shall be delivered to the owners and captors concerned therein, or shall be publicly sold by the marshal of the same court, as shall be finally decreed and ordered by the court. And the same court, who shall have final jurisdiction of any libel or complaint of any capture, as aforesaid, shall and may decree restitution, in whole or in part, when the capture and restraint shall have been made without just cause, as aforesaid ; and if made without probable cause, or otherwise unreasonably, may order and decree damages and costs to the party injured, and for which the owners, ofiicers, and crews of the private armed vessel or vessels by which such unjust capture shall have been made, and also such vessel or vessels shall be answerable and liable. Sec. 8. That all French persons and others, who shall be found acting on board any French armed vessel, which shall be captured, or on board of any vessel of the United States, which shall be re- captured, as aforesaid, shall be reported to the collector of the port in which they shall first arrive, and shall be delivered to the custody of the marshal, or some civil or military officer of the United States, or of any state in or near such port ; who shall take charge for their safe keeping and support, at the expense of the United States. [Approved, July 9, IMS.j Fifth Congress, Second Session. 101 Chaptee 72.— Approved, July 11, 1798.— Yol. 1, p. 594. An Act for the establishing mid organizing a marine corps. 2. Pay and subsistence of officers and men. President may commission officers in the recess. Enlistments for three years, &c. If ordered to do duty on shore, staff officers how to be appointed. 6. Liable to do duty in forts and garrisons, Ac, as President may direct. Sec. 1. (a) That in addition to the present military establish- ment, there shall be raised and organized a corps of marines, which shall consist of one major, four captains, sixteen first lieu- tenants, twelve second lieutenants, forty-eight sergeants, forty-eight corporals, thirty-two drums and fifes, and seven hundred and twenty privates, including the marines who have been enlisted, or are authorized to be raised for the naval armament; and the said corps may be formed into as many companies or detachments as the President of the United States shall direct, with a proper dis- tribution of the commissioned and non-commissioned officers and musicians to each company or detachment. Sec. 2. That the, pay and subsistence of the said officers, privates, and musicians, shall be as follows, to wit: [To a major, fifty dollars per month, and four rations per day; to a captain, forty dollars per month, and three rations per day ; to a first lieutenant, thirty dollars (&) per month, and three rations per day; to a second lieutenant, tweilty-five dollars per month, and two rations per day]; and to the non-commissioned officers, privates, and musicians, con- formably to the act, entituled "An act(c) providing a naval armament," as shall be fixed by the President of the United States: And the President of the United States shall he, and is hereby, authorized to continue the enlistment of marines, until the said corps shall he complete; and, of himself, to appoint the commissioned officers, whenever, in the recess of the Senate, an appointment shall 5e necessary. And the enlistments, which shall he made hy virtue hereof, may he for the term, of three (a) This section is fully supplied by act 30 June, 1834, chap. 132, sec. 1. {h) There seems to be no provision for the subsistence of marines (except commissioned officers) by this act. The "pay of the men," &c., is provided for by act 2 Mar. 1833, chap. 68, sec. 1. The commissioned officers are, as to pay, emoluments, ) Established 3 Mar. 1813, chap. 48, vol. ii, p. 816. Fourteenth Congress, Second Session. 219 the United States are concerned, either as debtors or as creditors, shall be settled and adjusted in the treasury de- partment. [Sec. 3. Four auditors and one comptroller additional in the treasury department.] Sec. 4. And it shall be the duty of the fourth auditor to receive all accounts accruing in the navy department, or relative thereto ; and the second, third, and fourth auditors aforesaid, shall examine the accounts respectively, and certify the balance, and transmit the accounts, with the vouchers and certificate, to the second comptroller, for his decision thereon. Sec. 5. That it shall be the duty of the auditors, charged with the examination of the accounts of the war and navy departments, to keep all accounts of the receipts and expen- ditures of the public money, in regard to those departments, and of all debts due to the United States on moneys ad- vanced relative to those departments ; to receive from the second comptroller the accounts which shall have been finally adjusted, and to preserve such accounts, with their vouchers and certificates, and to record all warrants drawn by the secretaries of those departments, the examination of the accounts of which has been assigned to them by the preceding section. And it shall be the duty of the said auditors to make such reports on the business assigned to them, as the secretaries of the war and navy departments may deem necessary, and require, for the services of those departments. Sec. 6. That the said auditors shall, annually, on the first Monday in November, report to the Secretary of the Trea- sury, the application of the money appropriated for the military and naval departments for the preceding year, which shall be laid before Congress, by him, with the annual statement of the public expenditure. [Sec. T. (a) The treasurer to disburse all money ordered for the use of the war and navy departments, &c.] (a) This section repealed, 7 May, 1822, chap. 90. 220 Fourteenth Congeess, Second Session. [Sec. 8. This section has no reference to the business of the navy department.] Sec. 9. That it sliall be the duty of the second comptrol- ler to examine all accounts settled by the second, third, and fourth auditors, and certify the balances arising thereon to the secretary of the department in which the expenditure has been incurred ; to countersign all "warrants (a) drawn by the secretaries of the war and navy departments, which shall be warranted by law ; to report to the said secretaries the official forms to be issued in the different offices for dis- bursing tfle public money in those departments, and the manner and form of keeping and stating the accounts of the persons employed therein ; and it shall also be his duty to superintend the preservation of the public accounts, subject to his revision. Sec. 10. That it shall be the duty of the first comptroller to superintend the recovery of all debts to the United States ; to direct suits and legal proceedings, and to take all such measures, as may be authorized by the laws, to enforce prompt payment of all debts due to the United States. Sec. 11. That the provision contained in the second sec- tion of the act, passed the third March, one thousand seven hundred and ninety-seven, entitled " An (6) act to provide more effectually for the settlement of accounts between the United States and receivers of public money," which directs that, in every case where suits have been, or shall be insti- tuted, a transcript from the books and proceedings of the treasury, certified by the register, shall be admitted as evidence, be extended, in regard to the accounts of the war and navy departments, to the auditors respectively charged with the examination of those accounts, and that certificates, signed by them, shall be of the same effect as that directed to be signed by the register. Sec. 12. That the auditors of the public accounts shall be empowered to administer oaths, or affirmations, to witnesses, (a) Same by 1 May, 1822, chap. 90, sec. 3. (6) Chap. 20. Fourteenth Congress, Second Session. 221 in any case in wliicli they may deem it necessary for the due examination of the accounts with which they shall be charged, (a) Sec. 13. That it shall be the duty of the Secretary of the Treasury to cause all accounts of the expenditure of public money to be settled within the year, except where the dis- tance of the places, where such expenditure occurs, may be such as to make further time necessary; and, in respect to expenditures at such places, the Secretary of the Treasury, with the assent of the President, shall establish fixed pe'riods at which a settlement shall be required. And it shall be the duty of the first comptroller to lay before Congress, annually, during the first week of their session, a list of such officers as shall have failed in that year to make the settlement required by law. Sec. 14. That, in the annual statement of all accounts, on which balances appear to have been due more than three years, which the comptroller is now required by law to make, he shall hereafter distinguish those accounts, the balances appearing on which shall, in his opinion, be owing to difliculties of form, which he may think it equitable, shall be removed by an act of Congress ; and where the debtors, by whom such balances shall have been due more than three years, shall be insolvent, and have been reported to Congress for three successive years as insolvent, the comptroller shall not be required, in such case, to continue to include such balances in the statement above-mentioned. [Sec. 15. Salary of the second comptroller and auditors $3,000 per annum.] [Sec. 16. Letters, &c., to and from the second comptroller and auditors, free.] ^Approved, March 3, 1811.] (a) Swearing or afBrming falsely, touching the disbursement of public mo- ney, or in support of any claim against the United States, punishable as wilful perjury, by act of 1 Mar. 1823. 222 Fourteenth Congress, Second Session. Chapter 55.— Approved, March 3, 1817.— Vol. 3, p. 369. An Act for the relief of the widows and orphans of the officers, seamen, and marines, who were lost in the United States' brig Epervier. That the widows, if any such there be, and in case there be no widow, the child or children, if there be no child, then to the parents or parent, and if there be no parent, then to the brothers and sisters, of the officers, seamen, and marines, who were in the service of the United States, and lost in the brig -Epervier, shall be entitled to, and receive, out of any money in the treasury not otherwise appropriated, a sum equal to six months' pay, of their respective deceased relatives aforesaid, in addition to the pay due to the said deceased on the fourteenth day of July, one thousand eight hundred and fifteen, to which day the arrears of pay due the deceased shall be allowed and paid by the accounting officers of the navy department. Chapter 60.— Approved, March 3, 1817.— Vol. 3, p. 373. An Act to amend and explain an "Act (a) giving pensions to the orphans and widoios of persons slain in the public or private armed vessels of the United States." (6) That if any officer, seaman, or marine, belonging to the navy of the United States, shall die, or shall have died, since the eighteenth day of June, in the year of our Lord one thousand eight hundred and twelve, in consequence of disease contracted, or casualties or injuries received, while in the line of his duty, and which shall be satisfactorily proved to the commissioners of the navy pension fund, leaving a widow, or, if no widow, a child or children, under sixteen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for the term of five years ; but, in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the term, shall go to the child or children of the de- ceased : provided, that such half pay shall cease on the death of such child or children. And the money required for this purpose shall be paid out of the navy pension fund, under the direction of the commissioners of that fund. (a) 4 Mar. 1814, chap. 20, ante, p. 193. (6) Repealed by act of 22 Jan. 1824 ; but rights under it are reserved. FOUBTEENTH CONGRESS, SECOND SESSION. 223 Chapter 65.— Approved, March 3, 1817.— Vol. 3, p. 376. An Act to fix the peace establishment of the marine corps. Sec. 1. That the peace establishment of the marine corps shall consist of the following of&cers, non-commissioned officers, musi- cians, and privates, viz : one lieutenant colonel commandant, nine captains, twenty-four first lieutenants, sixteen second lieutenants, one adjutant and inspector, one paymaster, and one quartermaster, to be taken from the said captains and lieutenants, seventy-three corporals, ibrty-two drums and fifes, and seven hundred and fifty privates. Sec. 2. That the President of the United States cause the pro- visions of this act to be carried into effect on the first day of April next, or as soon thereafter as circumstances will admit, and cause any supernumerary officers to be discharged from the service of the United States ; and to all persons so discharged, there shall be paid three months' additional pay. Sec. 3. That the President of the United States may, in the recess of -the Senate, appoint any of the officers authorized by this act, which appointments shall be submitted to the Senate, at their next session, for their advice and consent, (a) Ghaptek 96.— Approved, March 3, 1817.— Vol. 3, p. 390. An Act supplementary to an act, entitled "An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy departments." That nothing contained in the act of the third of March, one thousand eight hundred and nine, entitled "An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments," shall be construed to au- thorize the President of the United States to direct any sum appropriated to fortifications, arsenals, armories, custom-houses, docks, navy yards, or buildings of any sort, or to munitions of war, or to the pay of the army or navy, to be applied to any other object of public expenditure. (&) (a) See 16 Apr. 1814, chap. 58; chap. 132, 30 June, 1834, Slq. (6) See chap. 28, sec. 1, 3 Mar. 1809; chap. 2, see. 2, 16 Mar. 1818; and chap. 52, 1 May, 1820. 224 Fifteenth Congress, First Session. Chapter 3-i.— Approved, April 4, 1818.— Vol. 3, p. 415. An Act to establish the flag of the XJnited States. Sec. 1. That from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, alternate red and white ; the union be twenty stars, white in a blue field. Sec. 2. That, on the admission of every new State into the Union, one star be added to the union of the flag; and that such addition shall take effect on the fourth day of July then next succeeding such admission, (a) Chapter 58.— Approved, April 14, 1818.— Vol. 3, p. 425. An Act to repeal part of the act, entitled "An act to provide for surveying the coasts of the United States." Sec. 1. That so much of the third section of the act, passed the tenth day of February, one thousand eight hundred and seven, entitled "An act (6) to provide for surveying the coasts of the United States," as authorizes the employment of other persons in the execution of said act, than the persons belonging to the army and navy, be, and the same is hereby, repealed, (c) Sec. 2. That all instruments and property of the United States, and all surveys, draughts, notes, charts, maps, and documents, in any wise belonging to the survey of the coasts, be deposited in such place as the President of the United States shall direct. See Apr. 14, 1818, chap. 58; and June 17, 1844, chap. 31. Chapter 65.— Approved, April 16, 1818.— Vol. 3, p. 427. An Act in addition to "An act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States." {d) Sec 1, That, in every case where a person has been put on the pension list, or granted a certificate of pension, by virtue of the (a) See chap. 1, 13 Jan. 1794, ante, p. 82. (6) Chap. 8, ante, p. 158. (c) Revived hy 10 July, 1832, chap. 132. (rf) Extended for the further term of five years, by act of 9 Apr. 1824. Fifteenth Congeess, First Session. 225 first section of an act, passed the fourth day of March, in the year eighteen hundred and fourteen, entitled " An act (a) giving pen- sions to the orphans and widows of persons slain in the public or private armed vessels of the United States,'' the Secretary of the Navy be, and he is hereby, authorized, at the expiration of the term of five years, for which any pension certificate shall have been granted as aforesaid, to allow the full monthly pension to which the rank of the deceased would have entitled him for the highest rate of disability, and that such pension shall Continue to such person for the further term of five years, (6) provided that such pension shall cease on the death of such widow, child, or children. Sec. 2. That if any officer, seaman, or marine, shall have died since the eighteenth day of June, in the year eighteen hundred and twelve, in consequence of an accident or casualty, which occurred while in the line of his duty on board a private armed vessel, leaving a widow, or, if no widow, a child or children under sixteen years of age, the Secretary of the Navy be, and he is hereby, authorized to place such widow, child, or children, on the pension list, and allow to such widow, child, or children, the same monthly pension as if the deceased had died by reason of wounds received in the line of his duty: provided, that all moneys paid by virtue of this act shall be paid out of the privateer pension fund, and no other. [Approved, April 16, 1818. J Chapter 88.— Approved, April 20, 1818.— Vol. 3, p. 447. An Act (c) in addition to the "Act for the punishment of certain crimes against the United States," and to repeal the acts therein m,entioned. 1. Fine $2,000 and imprisonment for citizens \ecepting commissions within the United States, &,c., to serve foreign states. 2. For any person in the United States, enlisting others, &c., to serve a foreign state, &o. 3. Fit- ting out, or attempting to fit out. The vessel, &c., forfeited. Half to informer. 4. For citizens fitting out or arming, &c., or aiding. To be (a) Chapter 20, ante, p. 193. (6) Continued from time to time. (c) This act re-enacts the acts of 1794, chap. 50; 1797, chap. 68; and of 1817, chap. 58, with some addition, and by adding the words "colony, district or people." 7 Wheat. 489, the Gran Para. The object of the laws was to put an end to the slave trade, and to prevent the Introduction of slaves from foreign countries. 11 Peters, 73, United States vs. the ship Garonne ; United States vs. Skiddy. Slaves of Louisiana taken by their owners to France in 1835, and brought back with their own consent, is not a case within the acts. 11 Peters, 73, United States vs. Skiddy. 15 226 Fifteenth Congeess, First Session. tried where apprehended or first brought. 5. Augmenting in the United States the force of foreign armed vessels. 6. Setting on foot within the United States any military expedition against a friendly power. 7. Dis- trict courts to have cognizance of. 8. The President may employ the forces or the militia, for suppressing such expeditions. 9. May employ the forces, or the militia, to compel the departure of vessels. 10. Owners, Ac, of armed vessels sailing to give bond not to commit hostilities, &c. 11. Collectors to detain vessels built for warlike purposes and about to depart, when probably they are intended against a friendly power. 12. 5th June, 179i, chap. 60; 14th June, 1797, chap. 1; 24th April, 1800, chap. 35 ; and 3d March, 1817, chap. 68, repealed. 13. Not to prevent the pun- ishment of treason, ic. Sec. 1. That if any citizen of tlie United States shall, within the territory or jurisdiction thereof, accept and ex- ercise a commission to serve a foreign prince, state, colony, district or people, in war, by land or by sea, against any prince, state, colony, district or people, with whom the United States are at peace, the person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than two thousand dollars, and shall be imprisoned not exceeding three years. Sec. 2. That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be impri- soned not exceeding three years: provided, that this act shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district or people, who shall transiently be within the United State's, and shall on board of any vessel of war, letter of marque, or privateer, which, at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, or hire or retain another subject or citizen of the same foreign Fifteenth Congress, Fiest Session. 227 prince, state, colony, district or people, (a) vrho is transiently within the United States, to enlist or enter himself to serve such foreign prince, state, colony, district or people, on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district or people. Sec. 3. That if any person shall, within the limits of the United States, fit out and arm, or attempt (6) to fit out and arm, or procure to be fitted out and armed, or shall know- ingly be concerned in the furnishing, fitting out, or (c) arm- ing of any ship or vessel with intent (c^ that such ship or (a) The intent must be a fixed one and not contingent, and formed within the United States, and before the vessel leaves the United States, i Peters, 445, 446, United States vs. Quinoy. 3 Dal. 307, Moodie vs. the Alfred. The law does not prohibit the sailing of armed vessels belonging to our citi- zens, out of our ports, on bond, &c., that they will not be employed to commit hostilities against powers at peace with us. 6 Peters, 466, Johnson, J. The indictment charged the fitting out of the Bolivar with intent that she should be employed in the service of a foreign people, that is to say, in the service of the United Provinces of Eio de la Plata; held, that although the United Provinces were recognized by the United States, that the charge, under the inuendo, was sufficiently laid. 6 Peters, 445, 467, United States vs. Quincy. (b) An efibrt to fit out will satisfy the law. 6 Peters, 445, 464. The vessel was fitted out and repaired at Baltimore, and with some warlike munitions, on bond given, sailed for St. Thomas, where she was fully armed' and cruised under a Buenos Ayrean commission. This was held to be aoi attempt: 6 Peters, 445, United States vs. Quincy. (c) Either will constitute the oifence : 6 Peters, 445, 464, United States vs. Quincy. It is not necessary to charge the fitting and arming. The owner is liable under the act, if he authorized and superintended the fitting and arming without being personally present. It is not essential that the fitment should have been completed. It is not necessary that even equipment of a slave voyage should have been taken on board in the port of the United States. In this case, part of the equipment of the General Winder for a slaving voyage were shipped on another vessel for St. Thomas, and then transhipped to the General Winder. The particulars of the fitting out need not be set out in the indictment; they are minute acts, incapable of exact specification : 473, 475. The indictment should allege that the vessel was built, fitted, Ac., within the jurisdiction of the United States: 476, 477. And "with intent to employ the vessel" in the slave trade; and alleging that "the intent" was "that the vessel should be employed in the slave trade" was not sufficient, 476: 12 Wheat. 460, United States vs. Gooding; and see notes to 20 Apr. 1818, chap. 91, vol. iii, p. 460. (d) Although the arms and ammunition were cleared as cargo, and the men enlisted as for a mercantile voyage: 7 Wheat. 471, 486; the Gran Para. 228 Fifteenth Congress, Fiest Session. vessel shall be employed in the service of any foreign prince or state, (a) or of any colony, district or people, to cruise or commit hostilities against the subjects, citizens or property of any foreign prince or state, or of any colony, district or people, (6) with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States, for any ship or vessel, to the intent that she may be employed as afore said, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years ; and every such ship or vessel, with her tackle, appa- rel and furniture, together with all materials, arms, ammu- nition and stores, which may have been procured for the building and equipment thereof, shall be forfeited ; one-half to the use of the informer, and the other half to the use of the United States. Sec. 4. That if any citizen or citizens of the United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out, or arming, any private ship or vessel of war, or privateer, with intent that such ship or vessel shall be em- ployed to cruise, or commit hostilities, upon the citizens of the United States, or their property, or shall take the com- mand of, or enter on board of any such ship or vessel, for the intent aforesaid, or shall purchase any interest in any such ship or vessel, with a view to share in the profits thereof, such person, so offending, shall be deemed guilty of a high misdemeanor, and fined not more than ten thou- sand dollars, and imprisoned not more than ten years; and the trial for such offence, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought. Sec. 5. That if any person shall, within the territory or jurisdiction of the United States, increase or augment, or (a) That is, a government acknowledged by the United States : 6 Peters, 467. (6) Note 2, sec. 2. Fifteenth Congress, First Session. 229 procure to be increased or augmented, or shall knowingly be concerned in increasing or augmenting, the force of any sbip of war, cruiser, or other armed vessel, which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any for- eign prince or state, or of any colony, district or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by add- ing to the number of the guns of such vessel, or by chang- ing those on board of her for guns of a larger calibre, or by the addition thereto of any equipment solely applicable to war, every person so offending, shall be deemed guilty of a high misdemeanor, shall be fined not more than one thou- sand dollars, and be imprisoned not more than one year. Sec. 6. That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for, any military expedition or enterprise, to be carried on from thence against the ter- ritory or dominions of any foreign prince or state, or of any colony, district or people, with whom the United States are [at] peace, every person, so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not ex- ceeding three thousand dollars, and imprisoned not more than three years. Sec. 7. That the district courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. Sec. 8. That in every case in which a vessel shall be fit- ted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel, shall be increased or augmented, or in which any military expedition or enterprise shall be begun or set on foot, contrary to the provisions and prohibitions of this act; and in every case of the capture of a ship or vessel within the jurisdiction or protection of the United States as 230 Fifteenth Congeess, Fiest Session. before defined, and in every case in which any process issu- ing out of any court of the "United States shall be disobeyed or resisted by any person or persons having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district or people, in every such case it shall be lawful for the President of the United States, or such other person as he shall have empowered for that pur- pose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possessionof and detaining any such ship or vessel, with her prize or prizes, if any, in order to the execution of the prohibitions and penalties of this act, and to the re- storing the prize or prizes in the cases in which restoration shall have been adjudged, and also for the purpose of pre- venting the carrying on of any such expedition or enter- prise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any colony, district or people, with whom the United States are at peace. Sec. 9. That it shall be lawful for the President of the United States, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be 'necessary to compel any foreign ship or vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, they ought not to re- main within the United States. Sec. 10. That the owners or consignees of every armed ship or vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall enter into bond to the United States, with sufBcient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of Fifteenth Oongeess, First Session. 231 any colony, district or people, with whom the United States are at peace. Sec. 11. That the collectors of the customs be, and they are hereby, respectively, authorized and required to detain any vessel manifestly built for warlike purposes, and about to depart the United States, of which the cargo shall prin- cipally consist of arms and munitions of war, when the number of men shipped on board, or other circumstances, shall render it probable that such vessel is intended to be employed by the owner or owners to cruise or commit hos- tilities upon the subjects, citizens, or property, of any foreign prince or state, or of any colony, district or people, with whom the United States are at peace, until the decision of the President be had thereon, or until the owner or own- ers shall give such bond and security as is reqtiired of the owners of armed ships by the preceding section of this act. Sec. 12. That the act passed on the fifth day of June, one thousand seven hundred and ninety-four, entitled "An act in addition to the act for the punishment of certain crimes against the United States," continued in force, for a limited time, by the act of the second of March, one thou- sand seven hundred and ninety-seven, and perpetuated by the act passed on the twenty -fourth day of April, one thou- sand eight hundred, and the act, passed on the fourteenth day of June, one thousand seven hundred and ninety-seven, entitled "An act to prevent citizens of the United States from privateering against nations in amity with, or against the citizens of, the United States," and the act, passed the third day of March, one thousand eight hundred and seven- teen, entitled "An act more effectually to preserve the neutral relations of the United States," be, and the same are hereby, severally repealed: provided, nevertheless, that persons having heretofore offended against any of the acts aforesaid, may be prosecuted, convicted, and punished as if the same were not repealed; and no forfeiture heretofore incurred by a violation of any of the acts aforesaid shall be effected by such repeal. 232 Fifteenth OoisTGEESs, First Session. Sec. 13. That notlimg in the foregoing act shall be con- strued to prevent the prosecution or punishment of treason, or any piracy defined by the laws of the United States. ^Approved, April 20, 1818.] Chapter 91.— Approved, April 20, 1818.— Vol. 3, p. 450. An Act in addition to "An act (a) to prohibit the introduction {importa- tion'] of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight," and to repeal certain parts of the same. 1. Negroes, ster : "You, A. B., do solemnly swear (or affirm) that you will keep a true record of the evidence which may be given before this court, and of the proceed- ings thereof So help you _God." Sec. 6. That the commander of a ship shall have au- thority to order any officer under his command to act as the recorder of a summary court-martial. Sec. 7. That all testimony given before such court shall be given orally, on oath or affirmation, which the senior member of the court shall administer. That summary courts-martial may sentence petty officers and persons of inferior ratings to any one of the following punishments, viz : First. Discharge from the service with bad conduct dis- charge, but the sentence not to be carried into effect in a foreign country. Second. Solitary confinement in irons, single or double, on bread and water, or diminished rations, provided no such confinement shall exceed thirty days. Third. Solitary confinement in irons, single or double, not exceeding thirty days. Fourth. Solitary confinement not exceeding thirty days. Fifth. Confinement not exceeding two months. Sixth. Eeduction to next inferior rating. Seventh. Deprivation of liberty on shore on foreign sta- tion. Eighth. Extra police duties, and loss of pay, not to ex- ceed three months, may be added to any of the abovemen- tioned punishments. Sec. 8. That no sentence of a summary court-martial shall be carried into effect without the approval of the officer ordering the court ; who shall have power to remit, in part 394 Thirty- Third Congress, Second Session. or altogether, but not to commute any such sentence. And it shall be the duty of any such commanding officer to remit any part or the whole of any sentence by a summary court- martial, the execution of which would, in the opinion of the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced ; or, in case he shall refuse to do so, it shall be his duty, Avithout delay, to submit the case again to the same or to another summary court-martial, which shall have power, upon the testimony already taken, to remit the former pun- ishment, and to assign some other of the authorized punish- ments in the place thereof. Sec. 9. That the proceedings of summary courts-martial shall be conducted with as much conciseness and precision as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the Secretary of the Navy, with the approval of the President of the United States ; and all such proceedings shall be transmitted, in the usual mode, to the Navy Department. Sec. 10. That any punishments authorized by this act to be inflicted by a summary court-martial may likewise be inflicted by any general court-martial. Sec. 11. That any person who shall entice any seaman, ordinary seaman, landsman, or boy, who may have enlisted into the naval service of the United States, to desert there- from, or who shall conceal any person who may have so deserted, and shall refuse to deliver him up upon the order of his commanding officer, shall, upon legal conviction there- of, be fined at the discretion of the court, in any sum not exceeding three hundred dollars, or be imprisoned for any term not exceeding one year. [^Approved, March 2, 1855. J Thirty- Third CoNaRESs, Second Sessiok. 395 Chapter 175. — Approved, Marcli 3, 1855. — Vol. 10, p. 643. An Act making appropnaiions for the civil and diplomatic expenses of government for the year ending thirtieth June, eighteen hundred and fifty- six, and for other purposes. Sec. 1. To reimburse Commodore M. C. Perry, of the United States navy, tlie extraordinary expenses incurred by him on his recent mission to Japan, and as a consideration for his eminent public service in effecting a treaty of amity and commerce with that power, tvfenty thousand dollars, to be received in full of all expenses or other charges incurred by him on that mission. [Sec. 6. Ten acres of the land heretofore purchased by the United States for the purposes of the naval hospital at Chelsea, Massachusetts, set apart under the direction of the President for the use of the marine hospital of the district of Boston and Charlestown.] (a) Chapter 198.— Approved, Marcli 3, 1855. — Vol. 10, p. 675. An Act making appropriations for the naval service for the year ending the thirtieth of Jane, one thousand eight hundred and fifty-six. Sec. 1. Provided, That the compensation of the chiefs of bureau of construction, equipment, and repair, and of medicine and surgery, be the same as now allowed to the other chiefs of bureaus of the navy department, (6) and that the deficiency be paid out of any money in the treasury not otherwise appropriated. That in lieu of two thousand dollars per annum, the maximum of compensation now allowed by law to navy agents, there shall be allowed two per centum commission on the first hundred thousand dollars, or under, disbursed by them ; and one per centum on every succeeding one hundred thousand dollars, or under, disbursed by them, until the compensation reaches the sum of three thousand dollars per annum, which amount shall be the maximum of compensation for said agents : Provided, That the com- pensation named herein shall be in lieu of all extra com- pensation for services of every nature and description, (a) See chap. 153, 12 June, 1858, see. 1. (6) $3,500 a year. 396 Thiety-Third Congress, Second Session. rendered by navy agents, by order of the navy department, from and after the passage of this act : And -provided further, That nothing herein contained shall be construed to reduce the salary to which any navy agent is entitled under exist- ing laws. That the purser of the navy at Washington, District of Columbia, shall, from and after the passage of this act, receive the same pay as is now allowed by law to the pursers at the navy yards at Boston, New York, Norfolk, and Pensacola: (a) Provided, That when pursers of the navy shall be appointed inspectors of provisions, clothing, and small stores, they shall, while so acting, receive the same compensation as the pursers of the navy yard to which they may be attached. Sec. 2. That the Secretary of the Navy is hereby authorized to permit the Seavy's Island Bridge Company to connect with the navy yard at Kittery, Maine, a bridge extending thereto from said Seavy's Island, at such point thereon as he shall direct, and may permit a right of way through said yard from said bridge, in such direction and under such regulations as the commandant of the yard for the time being shall establish, under the authority of the navy department: Provided, [No expense be incurred by the United States; and may at any time be discontinued by the Sec- retary of the Navy.] [Sec. 3. The right of way granted to Jasper Strong, George Terrill, and their associates, for the construction of a railroad from the Perdido River to the waters of Pensacola Bay, &e. ; and at the terminus a wharf depot, not more than one acre in extent: Pro- vided, Approved by the navy department ; and not to use or destroy timber preserved for navy purposes, and prejudicial to the public interest, or public property.] [Sec. 4. Like privilege granted to James Herron, of Escambia county, and his associates, for the construction of a railroad from his steam saw and grist mills, on the Perdido River, through the government lands west of the navy yard, to the Bay of Pensacola.] Sec. 5. That the fifth section of the "Act making appro- priations for the naval service for the year ending the thir- tieth of June, eighteen hundred and fifty-five," approved August fifth, eighteen hundred and fifty -four, (i) shall not (a) See chap. 206, 26 Aug. 1812, ante, p. 316; chap. 268, 5 Aug. 1854, ante, p. 387; and chap. Ill, 3 Mar. 1857, vol. xi, p. 243. (i) Chap. 268, ante, p. 388. Thiety-Third Congress, Second Session. 397 be so construed as in any case to reduce the pay of the boatswains, carpenters, sailmakers, and gunners, of the navy, from the passage of said act. [Sec. 6. Six thousand dollars appropriated for continuing experiments in testing Lieutenant Rodman's plan of casting can- non hollow, so as to effect the cooling of the mass from the interior instead of the exterior.] Sec. 7. That the salary of the assistant astronomer at the National Observatory, shall hereafter be two thousand five hundred dollars. \^Approved, March 3, 1855. J Chapter 199.— Approved, March 3, 1855.— Vol. 10, p. 682. An Act to organize an institution for the insane of the army and navy, and of the District of Columbia, in the said district. 1. Goveniment hospital for the insane. Its object. 2. Board of visitors Tlieir power and duties. 3. Superintendent. Salary. Duties. 4. Re- ception of insane on order of secretary, ^°' accountant of, created ■'"*' abolished 218 Department established, (under War Department, 82) 92 Chief Clerk of, duties of 92 Bureaus of, created 3^* Agent at "Washington 1^3, 282 term of office limited to four years 248 at foreign stations, to be confirmed by senate 338 Memphis, pay of. • 3^" Washington, pay of 395 yards, surveys to be made, and estimates for docks at 273 plans for improvement of, to be made, and adhered to 274 punishment for burning buildings, vessels, or stores, in 265 at Charlestown, Mass., land ceded from WS Brooklyn, N. Y., or New York city 1=* Philadelphia, jurisdiction over land at 274 Washington, D. C, officer to command at 153,282 Pensacola 263, 271 in San Francisco bay, site for, to be selected 381 Washington, clerks employed in, additional pay to 381 at Memphis established 334 ceded to that city 388 on the coast of Florida, authorized 271 surveys for, between Apalachicola bay and Mississippi 308 Department, books, records, &,c., of, may be certified under seal 368 hospital fund (see fund and hospital.) pension fund (see fund and pensions.) depot, to be established at Blythe Island 407 Neglect of duty, punishment for Ill, 126, 127 Negroes (see slave trade.) Newspapers, only $30 per annum to be allowed to heads of Bureaus for 304 New York, frigate, rebuilding of 177 dry dock at 299, 328 pay of 1st and 2d clerks to commandant at 380 Neutrality act, and decisions under it 225 Niger, ship 120 Nissen, Nicholas C, thanks of Congress to 157 Norfolk, pay of 1st and 2d clerks to commandant at 380 o Oak, live, to preserve 273, 279 purchase of, authorized 293 Oaths, form of, for all officers 81 for officers of the marine corps 102 president, members, and judge advocate Of courts- martial 113, 135, 192 members and judge advocates of courts of inquiry 138 auditors empowered to administer 220 Index. 447 I'AGB Oath of Recorder 393 Observations, recommended by American Philosophical Society, &a., provided for 359 "meteorological," appropriation for 369 to be discontinued 4.16 Observatory (.see National Observatory ) Oflfenees, for enumeration of {see punishment.) on shore, to be punished as if committed at sea 127 Offenders, to be detected and apprehended Ill, 132 Officers, disabled, to be pensioned 90 commissioned and warrant, to be detailed for expedition in search of Sir John Franklin 375 restoration of. 405 number of, may be increased 406 dropped, may be furloughed or retired 406 not restored, to have one year's pay 406 may be transferred from furlough to reserved list 406 reserved, may be promoted 406 rank and pay of, restored 407 flag, captains in command of squadrons to be called 407 restored, to draw back pay 407 of Texas navy, provided for , 412 and men engaged in search for Sir John Franklin, medals to...404, 414 of the army, increase of pay, Ac, of 422 commissioned, warrant, Ac, pay of 86, 198, 295 Pursers not to advance or lend money, to 318 of galleys 87 and crews to be employed on 44.'3 88 temporarily commanding 108 authority of, to continue after loss of vessel 114 how to be punished 133 number to be retained under peace establishment 146, 156 discharged under peace establishment, to receive four months extra pay 146 and crews to be employed 156 number of, to be increased 176 not to be increased 312 complement of. 85, 88, 101, 145, 156, 179, 312, 362 term of service of certain, limited 248 disbursing, bonds of, President to regulate 248 of marine corps, concerning brevets of 285, 292 naval, not to receive pensions as invalids, while on duty or on pay 309, 333 not above grade of lieutenants may be appointed toclerk- ships 1..327 performing duty of higher grade 298, 319, 340,^48, 360 and crew of British ship Malabar 338 who fell at Tripoli, monument to, duties remitted on 167 of the army, required to co-operate with the navy 202 not to receive extra pay, compensation, or allowance 304, 375, 384 of government, salaried, not to be paid as witnesses 378 commanding vessels, returned, duty of 392 448 Index. PAGE Officers in exploration of China Seas and Bheering's Straits, to have pay of higher grade *" dropped, and may have a re-examination *"* Ordnance, gunpowder, Rose, Dr. F. A., of British navy, for aid to Susquehannah, medal to „420 Rules and regulations, adopted 107, 125 applied to revenue cutters in certain cases 107 to be conformable to act of Congress..., 117 to be prepared by navy commissioners 202 revision of, by a board, directed 281, 411! for purcliase of stores, Ac 317 Rules and regulations, certain, to be laid before Congress 31S for navy hospitals, to be made 176, 278 to be prepared and reported to Congress by secretary of navy 412 Index. 457 S PAGE Sabine, frigate, for launching, &e 387 Sailing masters, appointment of, authorized 85, 88, 156 pay of. 86, 89, 198, 297, 300 duties of 145 title of, changed to masters 302 may receive extra pay when ordered to extra duly 360 Sailmakers, appointment of 85, 88, 166 pay of. 67, 86, 89, 198, 298, 362, 388, 411 not to be embraced in limit of naval force 352 Salary, no two allowed to the same person, for two officers 375 Salvage, allowed on vessels recaptured 96, 116, 122 Santee, frigate, appropriation for launching, &c 387 Satisfaction, for attaeli upon Water "Witch, by Paraguay, how to be de- manded 421 Scandalous conduct, punishment for 127 Schoolmaster, pay of 179 appointment of 179 School, naval, at Annapolis 354, 379, 381 Schooners, three to be built , 358 Scotland, food sent to 356 Seal of admiralty, to be deposited with secretary of 77 Sea fencibles, corps of, authorized 192 abolished 204 Gull, relief of widows and orphans of crew of 334 Seamen, complement of, for vessels 86, 88, 145, 179 pay of 86, 89, 198 not to serve exceeding one year 90, 156 enlistment of, may be extended beyond one year 91 not exceeding two years 170 for three years, authorized 255 five years 301 to be entered on ships' books 108, 132 additional number authorized in revenue cutters 94 quota of, for frigates, may be varied by the President 98 exempted from arrests for debt 102 punishment of [see punishvient.) not to be rated less, when transferred 108 transfer of, to be accompanied with list 108 monthly deduction from pay of, for hospital fund 121 pensions granted to, for wounds, disabilities, or long services..! 17, 140 number of, authorized to be employed 166, 167, 170, 176, 189, 410 admission of, into hospit.ils 176 none but citizens of the United States to be employed 185 naturalized, to produce certificates 1S5 lists of, in private vessels, to be examined and recorded 185 certified copy of list, admitted as evidence 185 regulations to be made, as to proofs of citizenship 185 foreign not to be admitted as passengers, in foreign ports 188 458 Index. PAGE Seamen, foreign, penalty for employing in public or merchant vessels 186 penalty for forcing on shore, or leaving behind 268 to be sent home on expiration of service 301 extra pay to, if detained beyond expiration of service 302 in search for Sir John Franklin 379 a sufficient number, of, detailed to search for Sir John FranWin...376 who are willing to go, to be assigned to H. Grinnell, for search 376 Search for Sir John Franklin, authorized 375 United iStates not responsible for losses, Ac. ..375 Dr. Kane, authorized 400 Seas, South, expedition to, authorized 300 expedition to Forth Pacific and China 381 Secor, Zeno, contract with, for dry dock, Ac 369 Secretary of marine, appointed 77 War, appointment and duties of. 82 powers transferred to secretary of the navy 92 the Navy, appointment and duties of. ■ 92, 93 salary of 93, 385 in case of vacancy, principal clerk to take charge.... 92 franking privilege granted to 95 to navy pension fund 152 naval academy, pay of 379 Sedition, punishment for 110, 129 Sense of Congress for gallant conduct of officers and men 144, 148, 155, 190, 200, 206, 207, 208, 214, 273 Sentence of courts-martial, to be confirmed before execution Hi, 137 remission of. 114, 137 to be transmitted to commander of the fleet, or the navy department 114 Soavy's Island bridge company, permission to, to build a bridge 396 Ship building, provided for 77 Ships to be purchased, equipped and employed 85 Shore, offences on, to be punished as if at sea 130 punishment for abusing or plundering inhabitants on..'. 113, 132 Short allowance of provisions, authorized, when necessary 109 Shot, not to be wasted 112 Sick, place to be provided for, on board ship 109, 123 rations stopped for, how to be accounted for 377 Silver may be received on board public vessels 112, 131 Slave trade, to foreign countries, prohibited b3, 142, 149, 159, 225, 253 importation of negroes into States where prohibited, forbidden. .149 the United States after Jan. 1, 1S08, prohibited 159 vessels engaged in, forfeited 83, 143, 160, 102, 232, 245 penalty for building or fitting out vessels for 84, 142, 160 foreign vessels, suspected, to give bond 84 penalty for taking slaves on board vessel 83, 161, 163, 104 citizens of U. S. forbidden to have any interest in 142, 160 serve on board vessels en- gaged in 142 U. S. ships authorized to seize vessels engaged in 143, 162, 242 vessels having slaves on board, not to be admitted to entry....l49 Index. 459 PAGE Slave trade, penalties for importing or transporting slaves, or being in anywise engaged in 142, 149, 169, 100, 161, 232, 234, 23(i, 242, 244 duties of collectors and other officers 150, 164 disposal of Africans found on board vessels cajjlured 163 regulations for coastwise transportation 163 public vessels to cruise on coast of Afi-ioa 242 agency on coast of Africa established 243 bounty on each negro, brought in the United States 244 declared piracy '. 255 appropriation for suppressing 286 Sleeping upon watch, punishment for Ill, 130 Sloat, master Commandant, John D., reimbursed for entertaining distin- guished foreigners 287 SIoo, A. G., contract with him, for certain steamship mails 355 Sloops of war, six to be built 1S9 to purchase live oak for 293 ten to be built 272 five to be built by contract, and equipped for service 411 seven, screw, to be built, and their description 417 Slops, to bo furnished to men 108 Smith, W. C, passed midshipman, pay to be estimated 401 Smithsonian Institution, plates and engravings of Wilkes' narrative, turned over to 377 Somers, Captain Richard, condolence for loss of 155 brig. 12 months pay to officers, seamen and marines, lost on the. ...365 South Seas, exploring expedition to 300 Spanish officers and men, medals to certain, for rescue of brig Somers 356 Spies, punislunent of 112, 128 Spirit, ration, respecting 322 jirice of 351, 360 Stafford, J. R., flour and corn meal, prepared by, to be tested 369 Standards, all to be preserved 197 Stansbury, Lieut. John, silver medal voted to 206 Statutes at Large, Little & Brown's edition, to be competent evidence 347 Stealing, punishment for 110, 2fi7 Steam engines, for three batteries, to be procured 214 experiments to be made, to test the safety of 294 vessels of war, authorized to be built 305, 355, 411, 417 how to be built 355 to be built by B. L. Stevens 312 frigates. 6 first class, to be built 387 Sterrett, Lieut., and officers, thanks to 148 swords voted to 148 Steuart, Capt. C, and commissioned officers, medals voted to 214 Stevens, Robert L., to hasten building of war steamer by, ic 380 St. Bartholomew'.-!, indemnity to subjects of, for illegal acts of sloop Erie.. ..287 St. George's bank, examination of, to be made 158 St. Mary's, Georgia, survey of harbor of, authoiTzed 263 Stoppage of rations for the sick 376 460 Index. PAGE Storekeepers, appointment of 153 on foreign stations, and pay 337 on foreign stations, citizens may be appointed as 363 and to have same pay, and to give same bond as others. ...353 must be appointed from officers of the navy 337 may be appointed from citizens 353 to give bond and security 353 Stores, funds arising fi'om sales of, to revert to same appropriation 352 of every description, to be purchased with public money 317 pursers to be taken at fair valuation 319 condemned, naval, how appropriated 333 not to be wasted 112 Store-ship, building of, authorized 293 Strong, Jasper, and others, right of way for a railroad, granted to 39G Striking inferior oiEcers, forbidden 110, 133 Sub-marine battery, Colt's to test 379 telescope, to test 235 Subsistence [see pay.) Superintendent of naval observatory, pay of. 377 to be a captain, commander, or lieutenant in navy 358 school at Annapolis, pay of. 375 astronomical observations in Chili, pay of 377 assistants to, pay of.. .385 Supplies, how to be procured 104, 173 agents and contractors for, to render accounts 104 purveyor of, his duties, Ac 104, 172 to enemies, or rebels, punishment for furnishing 112 to be furnished by army to navy, when operating on shore 202 to be advertised for 328 purchased out of the United States, not to be contracted for 342 Surgeons and surgeons' mates, appointment of 85, 88, 166 pay of 86, 89, 153, 198, 276, 296, 360 of the fleet 276, 296 assistant, examination and pay of 276, 296 and assistants, rank of 388 Surgery and medicine, bureau of. 325 Surplus fund, unexpended balances to be carried to 246 Survey of the coast, authorized 158, 224, 283, 331 Charleston, S. C, St. Mary's, Ga., and coast of riorida..263 from Apalaohicola bay to mouth of Mississippi 308 dry docks, estimated for 273 the harbor of Memphis 330 St. George's bank 158 timber lands 216 preliminary, to be made by officers of navy 365 reports of, to be made to secretary of the treasury 366 Surveyor, of lands containing live oak and cedar timber, appointment of.. .216 office abolished 256 Susquehannah, aoknoM'ledgments made to British naval officers at Ja- maica, for aid to the 420 Ikdkx. 461 PARE Sweden, king of, indemnity to 287 Swearing, profane, punishment for 107, 126 Sword, Lieut. W. N. Jeflers, to receive a, from Spain 419 presented to commodore Maedonough, duties on, remitted 257 officers under arrest, to deliver up 136 to commander H. J. Hartstene, lieutenant S. D. Trenchard, and master G-. F. Morrison, from England 415 Swords, voted by Congress, to : Lieut. [Andrew] Sterrett, of schooner Enterprise, for capture of Tripolitan corsair 148 Captain Stephen Decatur, for destroying Tripolitan frigate 153 officers of Mediterranean squadron, who distinguished tliem- Belves at Tripoli 167 Lieut. [J. D.] Elliott, for capture of Britisli brigs Detroit and Caledonia 100 nearest male relative of midshipman John Clark 200 Laub and Claxton 199 lieutenant John Brooks 199 midshipmen and sailing masters of squadron on lake Erie 199 Champlain....206 sloop Peacock 207 sloop Wasp 207 Sylpli, schooner, six months pay to representatives of officers and crew of. .228 Syren, brig, prize to officers and crew of, for capture of brig Transfer 237 T Tanks, iron, for use of the navy, to be provided 283 Telescope, submarine, experiment of 235 Terrell, George, right of way for railroad granted to 396 Testimonials to medical officers of British service 421 Testimony before courts martial, to be on oath 135 Texas, naval officers of, provided for 412 Thanks, voted by Congress to : Commodore E. Preble, officers and crews, for attacks on Tripoli.... 155 0. PI. Perry, officers and crews, for victory on lake Erie 199 T. Maedonough, officers and crews, for victory on lake Champlain 208 Lieut. Sterett, and others, of schooner Enterprise 148 British authorities at Gibraltar, in relation to loss of steamer Missouri 338 Nicholas C. Nissen, Danish Consul at Tripoli 157 navy and marine corps, for capture of Vera Cruz ...367 Theft, punishment for 1^1. 132 Timber, on hand, shall be employed as President may think best 103 $200,000 appropriated for purchase of 107 $200,000, annually for three years, appropriated for purchase of.. ..176 public lands producing, to be explored and reserved from Bale..216, 273 penalty for cutting or removing, from public lands 217, 274, 288 authority to appoint agents and surveyor 216 repealed 255 462 Index. PAGE Timber, naval forces to be employed in protecting 267 suitable for naval purposes, to be procured 273, 287 live oak, growing on public lands, to be preserved 274,287 duties of collectors and others, to prevent depredations on 288 for a frigate and sloop of war, to be procured 293 Titles of masters commandant pnd sailing masters, changed 302 lauds. Attorney General to examine 310 Tobacco for navy, exempted from contract 361 Tokens from Great Britain, to E. K. Kane and others 404 Torpedo, experiments to be made with 176 Toulon, pensions to French seamen killed and wounded at 289 Transfers, from one appropriation to another, to be made 171, 223, 281, 294 349, 361 repaid 308 reported to Cong.. ..349, 361 special account of, to be rendered to Congress 171, 281, 294, 349 of appropriations for one year, not permitted to another 247 heads of appropriation, to and from which to be made, specified.. 247 of provisions, materials, or other stores, authorized 308 from "clothing for navy," to another not allowed 352 all prohibited 371 Transfer of pension business from Kavy Department to Commissioner of Pensions 306 brig, prize money to captors of 237 Transferred petty officers and men, not to be disrated 109, 134 Travelling expenses, ten cents per mile, allowed for 299 Treasurer of the U. S., to disburse money for navy department 104, 219 to receive and disburse money, accruing to pension fund 162, 284 render quarterly accounts of pension fund 162 warrants on, to specify appropriations 171 duties as agent of war and navy departments to cease 268 Treasury Department, better organization of 249 notes, balances arising from loss on, not to be stopped from pay due 275 Treaty in relation to African squadron, to carry intoefifect 329 Trenchard, Lieut. S. D., sword to from England 415 Tripoli, Capt. Bainbridge's captivity in ' 157 Tripolitan corsair, capture of. 148 frigate, attack upon 154 Tripolitan war, declaration of, Ac 144 attack and destruction of frigate Philadelphia in Tripoli harbor 154 approval of congress for attack on Tripoli 164 Truxton, Capt. T., medal voted to 144 Index. 463 U PAGE Uniform for engineers prescribed 324 United States, frigate to be employed S8, 145, 170 to be equipped 145 to allow pensions to families of French seamen killed at Toulon <133 not liable for loss, ic. of vessels assigned to H. Grinnell 377 V Vacancies, may be filled by the President, in recess of the senate.. ..90, fll, 94, 101, 121, 196 Vera Cruz, thanks of Congress to navy and marine corps for capture of. 367 Vessels authorized to be built, procured, or purchased {see Armament.) by what grades to be commanded 105 court martial to be held, to inquire into loss of 114, 138 certain, authorized to be sold 145 others laid up 174 when out of repair, may be sold 157 manner in which they shall be named 245, 417 on the lakes, to be sold except two 272 punishment for burning or destroying 208 purchase of, captured on Lake Erie, authorized 197 Cham plain, authorized 204 proclamation fixing number of armed, to be employed on the lakes 238 Ac, of the enemy to be seized and confiscated.., 65 three to be detached, to test Lieut. Maury's discoveries 374 lost or captured, pursers to be credited 364 to be built 87, 105, 252, 372 lost, wrecked, &o., authority of officers to continue 114, 139 captured, how disposed of 114, 115, 197 of war, four to be built and equipped 150 to be employed in time of peace 166 public, to be employed in the suppression of the slave trade 162 regulations for seamen on board of private armed 1S6 President to purchase or cause to be built 201 on the lakes, to be sold '. 204 of war, small, a certain number to be built 262 appropriation for building two small 293 equipped and armed, against invasion 305 to be sent to rescue of E. K. Kane 400 to be manned by volunteers only 400 Vixen, officers of, may receive swords from Great Britain 415 petty officers and crew, to accept money from same 416 Vouchers, giving false, punishment for 386 464 Index PAGE Wadsworth, Lieut. Henry, condolence for loss of. 155 "Wages, of petty officers, seamen and marines, fixed by the President 86, 89, 95, 198, 353 may be assigned, but men are to be discouraged from selling. ..109, 134 punishment for forging papers, to obtain 269 War, declared against England 177 department, established 82 Secretary of, charged with control of naval affairs 82 control of naval affairs, to cease 92 Warrants, to be drawn by secretary of the navy 171 for navy disbursements, how to be drawn 258 Wasp, sloop 189,190,211 Waste of public stores, forbidden 112, 131 Watch, sleeping on, punished 130 Water Witch, attack npon,by Paraguay, satisfaction for 421 White, Wixon, late purser, account of, to be settled 401 Widows pensions, granted to..l79, 193, 222, 224, 237, 262, 276, 281, 292, 303, 363 extra pay, granted to, for loss of their husbands..l47, 208, 222, 277, 288 of those lost in the Wasp, 12 months pay to 211 Epervier, six months-pay to 222 Insurgent and Pickering, four months pay to. ..147 Hornet, six months pay to 277 Sylph, six months pay to 288 and children of officers and commanders, and to Lieut. Elliot, for capturing brig Detroit, prize money to 191 may receive bounty lands of their deceased hus- bands And parents 399 act repealing their navy pensions, conditionally 262 of ofBcers, &c., of Grampus, pensions to 335 Sea Gull 335 Albany and Porpoise, pensions to 401 Wilkes' narrative, plates and engravings of, turned over to Smithsonian Institution 377 Williamson, Dr. Thomas, to receive medal from France 403 Winder & Mechlin's navy Laws and Eegister, purchase of, authorized 373 Witnesses before courts-martial, oath of 114 officers of government not to be paid as 378 Wounded, prizes to form a pension for the {see pensions.) Wounds {see pensions.) Wrecked, lost, Ac, vessels, attorney of officers, &c., of. 114, 138 pursers of, to be credited 354 Y Yard, dock, to be established 189 navy and depot, in Gulf of Mexico 271 at Philadelphia, jurisdiction of. 274 Memphis 334 in California 381 Yards and docks, bureau of, created 325