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All other Captains.—When in command of squadrons on foreign stations, four thousand 3 March 1835. dollars. (a)

When on other duty, three thousand five hundred dollars.
When off duty, two thousand five hundred dollars.

126. Commanders or Masters Commandant.—When attached to vessels for sea service, Commanders. two thousand five hundred dollars.

When attached to navy yards, or on other duty, two thousand one hundred dollars. When on leave of absence, or waiting orders, one thousand eight hundred dollars. 127. Lieutenants.-Commanding, one thousand eight hundred dollars.(b)

On other duty, one thousand five hundred dollars.

Waiting orders, one thousand two hundred dollars.

128. Assistant Surgeons.—Waiting orders, six hundred and fifty dollars.

At sea, nine hundred and fifty dollars.

After passing and found qualified for promotion to surgeon, eight hundred and fifty dollars.

At sea, one thousand two hundred dollars.

When stationed at navy yards, hospitals, rendezvous and receiving ships, nine hundred and fifty dollars.

Lieutenants.

Assistant sur

geons.

After being passed and stationed as above, one thousand one hundred and fifty dollars. 129. Surgeons.(c)-For the first five years after the date of his commission, one thou- Surgeons sand dollars.

For the second five years, one thousand two hundred dollars.

For the third five years, one thousand four hundred dollars.

For the fourth five years, one thousand six hundred dollars.

After he shall have been commissioned as a surgeon twenty years and upwards, one thousand eight hundred dollars.

All surgeons of the navy under orders for duty, at navy yards, receiving vessels, rendezvous or naval hospitals, shall have an increase of one-fourth of the foregoing amount of their respective annual pay, from the date of their acceptance of such orders.(d)

All surgeons of the navy ordered to any of the ships or vessels of the United States, commissioned for sea service, shall have an increase of one-third of the foregoing amount of their respective annual pay, from the date of their acceptance of such orders.

All surgeons of the navy, ordered as fleet surgeons, shall have an increase of one-half

of their respective annual pay, from the date of their acceptance of such orders.

130. Chaplains.(e)—When attached to vessels for sea service, or at navy yards, one Chaplains thousand two hundred dollars.

When on leave of absence, or waiting orders, eight hundred dollars.

131. Professor of Mathematics.-When attached to vessels for sea service, or in a yard, Professors of one thousand two hundred dollars.(g)

mathematics.

132. Secretaries. To commanders of squadrons, when commanding in chief, one thou- Secretaries. sand dollars.

To commanders of squadrons, when not commanding in chief, nine hundred dollars.

133. Sailing Masters.—Of a ship of the line, for sea service, one thousand one hundred Sailing masters dollars.

When on other duty, one thousand dollars.

When on leave of absence, or waiting orders, seven hundred and fifty dollars.

134. Second Masters.-When attached to vessels for sea service, seven hundred and Second masters. fifty dollars.

When on other duty, five hundred dollars.

When on leave of absence, or waiting orders, four hundred dollars.

135. Passed Midshipmen.(h)—On duty, seven hundred and fifty dollars.

Waiting orders, six hundred dollars.

Passed midship

men.

136. Warranted Masters' Mates.-When attached to vessels for sea service, or at navy Masters' mates.

yards, four hundred and fifty dollars.

When on leave of absence, or waiting orders, three hundred dollars.

137. Midshipmen.-When attached to vessels for sea service, four hundred dollars. When on other duty, three hundred and fifty dollars.

When on leave of absence, or waiting orders, three hundred dollars. 138. Clerks.(i)—Of a yard, nine hundred dollars.

Midshipmen.

Clerks.

(a) To entitle a captain to the annual pay of $1000 per annum, he must be in actual command of a squadron on a foreign station. 3 Opin. 81. See 2 Ibid. 721-4.

(6) Lieutenants commanding naval steamships, built for the transportation of mails under the art 3 March 1847, are in the service of the United States, and entitled to a salary of $1800 per annum, as lieutenants commanding in the navy. 5 Opin. 404. (c) See 4 Opin. 123.

(d) The date of the written acknowledgment of the receipt of

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3 March 1835.

Warrant officers.

Pay on furlough.

Rank of assistant surgeons absent

First clerk to a commandant of a navy yard, nine hundred dollars.

Second clerk to a commandant of a navy yard, seven hundred and fifty dollars.

To commanders of squadrons, captains of fleets and commanders of vessels, five hundred dollars.

139. Boatswains, Gunners, Sailmakers, Carpenters.(a)—Of a ship of the line, for sea service, seven hundred and fifty dollars.

Of a frigate for sea service, six hundred dollars.

When on other duty, five hundred dollars.

When on leave of absence, or waiting orders, three hundred and sixty dollars. 140. [No officer shall be put on furlough but at his own request,]() and all officers so furloughed shall receive one-half only of the pay to which they would have been entitled if on leave of absence.

141. If any assistant surgeon shall have been absent from the United States, on duty, at examination, at the time others of his date were examined, he shall if not rejected at a subsequent examination be entitled to the same rank with them; and if, from any cause, his relative rank cannot be assigned to him, he will retain his original position on the register. 142. One ration per day only, shall be allowed to all officers when attached to vessels for sea service.

Rations.

Ibid. 2.

No extra compensation, except travelling expenses.

8 March 1845 26. 5 Stat. 794.

Furlough.

3 Aug. 1848 3 15. 9 Stat. 273.

143. No allowance shall hereafter be made to any officer, in the naval service of the United States, for drawing bills, for receiving or disbursing money, or transacting any business for the government of the United States; nor shall he be allowed servants, or pay for servants, or clothing or rations for them or pay for the same; nor shall any allowance be made to him for rent of quarters, or to pay rent for furniture, or for lights or fuel, or transporting baggage. It is hereby expressly declared, that the yearly allowance provided in this act is all the pay, compensation and allowance that shall be received under any circumstances whatever, (c) by any such officer or person, except for travelling expenses, when under orders, for which ten cents per mile shall be allowed.(d)

144. That so much of the act entitled "An act to regulate the pay of the navy of the United States," approved March 3d 1835, as provides, that no officer shall be put on furlough but at his own request, be and the same is hereby repealed.

145. The annual pay of boatswains, gunners, carpenters and sailmakers at the navy yard at Pensacola shall be the same as now allowed by law to the forward warrant Warrant officers officers at the navy yards at Boston, New York and Norfolk.(e)

at navy-yards.

28 Sept. 1850 1. 9 Stat. 515.

8 March 1851

9 Stat. 622.

1.

81 Aug. 1852 1. 10 Stat. 100.

Ibid.

Ibid.

Navy agent at
Memphis.

146. The pay of the superintendent of the naval school at Annapolis shall be at the rate allowed to an officer of his rank, when in service at sea.

147. The officer charged with the experiments in gunnery at the navy yard at Washington shall hereafter receive the compensation of a commander at sea.

148. The salary of the secretary of the naval academy at Annapolis shall be twelve hundred and fifty dollars per annum.

149. The pay [of] chaplains in the navy shall be one thousand dollars on leave, or waiting orders, and fifteen hundred dollars while on duty.

150. And the navy agent at Memphis, for the time during which he has performed or may perform the duties of purser, in addition to his own, shall be allowed and paid the annual salary of a purser on duty at navy yards of the second class; which shall not be in addition to his commissions, but in lieu thereof. And the salary of the assistant to Assistant purser purser for the navy yard at Kittery, Maine, who also discharges the duties of clerk and steward, shall be seven hundred and fifty dollars. And the pay of the "first clerk to the commandant" at the navy yards at Norfolk, New York and Boston, shall be at the rate of one thousand dollars per annum; and that the "second clerk to the commandant" at the same yards, shall be at the rate of eight hundred dollars per annum, from and after the passage of this act.

at Kittery.

Clerks of commandants at navy yards.

3 March 1953 1. 10 Stat. 220.

Ibid.

Clerks at navy
Jards.

151. The salary of the assistant observer or astronomer at the national observatory shall be two thousand dollars; (g) and the salary of the principal clerk at said observatory shall be twelve hundred dollars.

152. And the first and second clerks to the commandants of the principal navy yards, viz.: Boston, New York, Washington, Norfolk and Pensacola, shall receive the same pay that the two lowest classes of clerks in the bureaus of the navy department now received respectively; and each "clerk of the yard" in said navy yards, shall receive the same compensation as is herein provided for the first clerks to commandants.

153. That the provisions contained in the act of the 22d April 1854, (4) adding a per

(a) See infra, 145, 154.

(b) Repealed, infra, 144.

three navy yards at Boston, New York and Norfolk, eight hundred dollars; en other duty, seven hundred dollars; when on

(c) See 2 Opin. 701. United States v. Jones, 18 How. 92. Chase leave of absence or awaiting orders, the said officers shall retvita v. United States, Dev. C. C. 18, 124. (d) See 4 Opin. 95.

(e) The act 26 August 1842 2 11, provides that, "the annual pay of the forward warrant officers of the navy of the United States shall be as follows: for boatswains, gunners, carpenters and sail makers, when on duty on board ships of the line, and in the

five hundred dollars for the first ten years, and after, six hundred dollars." 5 Stat. 536. And see infra, 154.

(g) See infra. 156.

(h) This act makes an addition of 20 per cent. to the pay author ized by law. 10 Stat. 276.

10 Stat. 586.

centage to the pay of the clerks employed at the navy yard" in Washington city, be 5 Aug. 1854 2. construed so as to include the clerks and messenger in the office of the navy agent for said yard, and the messenger in the commandant's office.

Ibid. 85.

officers.

154. The pay of the boatswains, gunners, carpenters and sailmakers of the navy, shall be as follows: on leave or waiting orders, per annum, six hundred dollars; shore duty, Forward warrant seven hundred dollars; sea service, nine hundred dollars. An addition of two per centum upon the foregoing rates for every year's sea service; and an addition upon sea pay of ten per centum when serving in ships with four hundred men; and twenty per centum, when serving in ships with nine hundred men.(a)

10 Stat. 680.

155. The fifth section of the "Act making appropriations for the naval service for the 3 March 1855 3 5. year ending the 30th of June 1855," approved August 5th 1854, shall not be so construed as in any case to reduce the pay of the boatswains, carpenters, sailmakers and gunners Not to reduce of the navy from the passage of said act.

their pay. Ibid. 27.

156. The salary of the assistant astronomer at the national observatory, shall hereafter be two thousand five hundred dollars.

X. NAVY RATIONS.

5 Stat. 546.

157. The navy ration shall consist of the following daily allowance of provisions for 29 Aug. 1842 § L each person: one pound of salted pork, with half a pint of peas or beans; or one pound of salted beef, with half a pound of flour and a quarter of a pound of raisins, dried The navy ration. apples or other dried fruits; or one pound of salt beef with half a pound of rice, two ounces of butter and two ounces of cheese; together with fourteen ounces of biscuit, onequarter of an ounce of tea, or ounce of coffee, or one ounce of cocoa; two ounces of sugar, and one gill of spirits; and of a weekly allowance of half a pound of pickles or cranberries, half a pint of molasses and half a pint of vinegar.

Ibid. 2.

158. Fresh meat may be substituted for salted beef or pork, and vegetables or sourcrout for the other articles usually issued with the salted meats, allowing one and a Fresh meat and quarter pounds of fresh meat for one pound of salted beef or pork, and regulating the vegetables. quantity of vegetables or sourcrout so as to equal the value of those articles for which they may be substituted.

159. Should it be necessary to vary the above described daily allowance, it shall be lawful to substitute one pound of soft bread, or one pound of flour, or half a pound of rice, for fourteen ounces of biscuit; half a pint of wine, for a gill of spirits; half a pound of rice, for half a pint of beans or peas; half a pint of beans or peas, for half a pound of rice. When it may be deemed expedient by the president of the United States, secretary of the navy, commander of a fleet or squadron, or of a single ship when not acting under the authority of another officer on foreign service, the articles of butter, cheese, raisins, dried apples or other dried fruits, pickles and molasses, may be substituted for each other and for spirits: Provided, The article substituted shall not exceed in value the article for which it may be issued, according to the scale of prices which is or may be established for the same.

160. In cases of necessity, the daily allowance of provisions may be diminished or varied by the discretion of the senior officer present in command, but payment shall be made to the persons whose allowance shall be thus diminished, according to the scale of prices which is or may be established for the same. But a commander who shall thus make a diminution or variation shall report to his commanding officer or to the navy department, the necessity for the same, and give to the purser written orders specifying particularly the diminution or reduction which is to be made.

Ibid. § 3.

Substitutions.

Ibid. 4. Short allowance.

Ibid. 35.

certain persons.

161. No commissioned officer or midshipman, or any person under twenty-one years of age, shall be allowed to draw the spirit part of the daily ration; and all other persons Spirit ration not shall be permitted to relinquish that part of their ration under such restrictions as the to be drawn by president of the United States may authorize. And to every person who, by this section, is prohibited from drawing, or who may relinquish the spirit part of his ration, there shall be paid in lieu thereof, the value of the same in money, according to the prices Commutation. which are or may be established for the same. (b)

9 Stat. 621.

tions.

162. No person not actually attached to and doing duty on board a sea-going or receiv- 3 March 1851 § 1. ing vessel, and the petty officers, seamen and ordinary seamen attached to the ordinary of the navy yards, shall be allowed a ration. And provided further, That no rations Who to draw rastopped for the sick on board vessels shall be credited to the hospital fund, but shall remain and be accounted for by the purser as part of the provisions of the vessels; and stoppage of rathat the rations of officers and others of the navy sent to hospitals on shore, shall be tions. credited to the hospital fund at the cost only thereof. And the chief of the bureau of Regulations.

(a) By act 3 March 1857 4, this is to be so construed as to allow to boatswains, gunners, sailmakers and carpenters of the navy, when on shore duty, the same per centage for sea service as is allowed them when on sea duty. 11 Stat. 246.

(b) The act 3 March 1851 1, provided that no commutation of rations should be allowed except to officers and their attendants, and for the spirit part of the ration. 9 Stat. 621. But this clause was repealed by act 31 August 1852. 10 Stat. 101.

3 March 1851. provisions and clothing, with the approbation of the secretary of the navy, shall prescribe all such regulations, in relation to stopping such rations, as will insure a faithful accountability for the rations stopped for the sick on board vessels, and to insure due credit to the hospital fund for the rations at cost of those sent to the hospitals on shore; the said regulations to go into effect on the first day of the succeeding month after their official receipt at yards, stations and on board vessels.

28 Feb. 1855 1. 10 Stat. 616.

President to appoint board of officers.

Their duties.

XI. NAVY EFFICIENCY BOARD.

163. As soon as practicable after the passage of this act, the president of the United States shall cause a board of naval officers to be assembled, to consist of five captains, five commanders, and five lieutenants; which board, under such regulations as the secre tary of the navy may prescribe, shall make a careful examination into the efficiency of the officers of the grades hereinafter mentioned, and shall report to the secretary of the navy the names and rank of all officers of the said grades who, in the judgment of said board, shall be incapable of performing promptly and efficiently all their duty both ashore and afloat; and whenever said board shall believe that said incompetency has arisen from any cause implying sufficient blame on the part of the officer to justify it, they shall recommend that his name be stricken altogether from the rolls. Vacancies occurring in said board shall be filled by the secretary of the navy, who shall preserve the number and grades of its officers, as aforesaid: Provided, That no officers upon said cases of superior board shall examine into, or report upon, the efficiency of officers of a grade above them. (a)

Vacancies.

Not to act on

officers.

Ibid. 2.

the rolls.

Reserved list.

vacancies.

Pay.

164. All officers who shall be found by the said board incapable of performing the What officers to duties of their respective offices, ranks or grades, shall, if such finding be approved by be dropped from the president, be dropped from the rolls, or placed in the order of their rank and seniority, at the time, upon a list in the navy register, to be entitled the reserved list. And those so placed on the reserved list shall receive the leave of absence pay, or the furlough pay, to which they may be entitled when so placed, according to the report of the board and approval of the president; [and shall be ineligible to further promotion,](b) Promotions to fill but shall be subject to the orders of the navy department at all times for duty. And vacancies created in the active service list by placing officers on the reserved list, shall be filled by regular promotion in the order of rank or seniority; and officers who may be promoted to fill the vacancies created by the reserved list, shall, while unemployed, receive only the “leave of absence" or "waiting orders" pay, to which they would have been entitled if such promotion had not been made; but when employed at sea, or on other duty, they shall receive, in addition to such "leave of absence" or "waiting orders" pay, the difference between the "waiting orders" or "leave of absence" pay, and the lowest sea service pay, of the grade to which they may be so promoted. Provided, That this scrutiny and reservation of officers shall extend only to the grades of captain, commander, lieutenant, masters and passed midshipmen: And provided further, That grade of master. all vacancies occurring in the grade of masters shall be filled by the promotion of the senior passed midshipmen, to be entitled masters in the line of promotion, who when promoted shall receive the pay allowed by law to masters. That the number of masters in the line of promotion shall not exceed sixty; and that nothing in this act contained shall be held or construed to authorize any increase of the aggregate pay of the said grades, or of the naval service, as now allowed by law.

Promotions to

Ibid. 23. Regular promo tions not to be affected, &c.

Ibid. 24.

Number not to

increased.

165. Nothing in this act contained shall be construed to restrict, apply to or impair the regular promotion of officers in the service list of the navy, who may be at any time entitled to promotion-consequent upon deaths, dismissals or resignations, (c) in the naval service; nor in any manner to abridge or impair the right of the secretary of the navy to place any officers upon furlough.

166. Nothing in this act shall be so construed as to increase the aggregate number of be officers; and all laws or clauses of laws, so far as they conflict with the provisions of this act, are hereby repealed.

17 Jan. 1857 1. 11 Stat. 153.

167. Upon the written request, made within ninety days after the passage here:f, or within thirty days after the return of any officer absent from the United States at the Officers dropped, time of the passage of this act, provided he shall return within one year after the passcourt of inquiry, age of this act, by any officer of the navy who was dropped, furloughed or retired, by the

&c., may have a

operation of the act of the 28th of February 1855, entitled "An act to promote the efficiency of the navy," the secretary of the navy shall cause the physical, mental, professional and moral fitness of such officer for the naval service to be investigated by a court of inquiry; which shall be governed by the laws and regulations which now govern courts of inquiry. And the said court shall in their finding report whether the said

(a) The effect of this provision is, to exclude any of such officers of the board from being present at the deliberations concerning officers their superiors in grade. 7 Opin. 282. (b) Repealed, infra, 169. (c) See 7 Opin. 640

16 Jan. 1857.

court.

officers.

officer, if he has been dropped from the rolls of the navy, ought to be restored, and, if restored, whether to the active list or the reserved list, and if to the latter, whether on Duties of the leave of absence or furlough pay; and in case the officer making the written request, as aforesaid, shall have been placed on the reserved list, then the court, in their finding, shall report whether the said officer ought to be restored to the active list, or, if not restored, whether he ought to remain on the retired list on leave of absence or furlough pay. And the finding of the court shall, in all cases, be submitted to the president of the United States, and, if approved by him, in the case of a dropped officer, where restora- Restoration of tion has been recommended, such officer may be nominated by the president to the senate for restoration to the service, according to the finding of the court as approved by him; and in the case of a retired officer, the finding of the court, when approved by the president, shall be conclusive; and such officer shall be restored to the active list, to occupy that position and rank in the navy which he would have occupied had he not been retired under the action of the late naval board; or he shall remain upon the retired list on leave of absence or furlough pay, according to the finding of the court, as approved by the president: Provided, That the officers so restored or placed on the reserved list, shall be appointed to their places, respectively, by the president, by and with the advice and

consent of the senate.

Ibid. 2.

ber allowed.

168. The operation of the present law limiting the number of officers of the navy shall be suspended so far as to authorize the restoration, within one year from the passage of Increase of num. this act, by the president, by and with the advice and consent of the senate, of officers reserved or dropped under the operation of the act of the 28th of February 1855, entitled "An act to promote the efficiency of the navy:" Provided, That there shall be no further promotions or appointments in any grade, after said restorations shall have been made thereto, until such grade in the active service shall be reduced to the limit now prescribed by law. That when any such officer shall be restored to the navy, by and with Rank of restored the advice and consent of the senate, the officer so restored shall occupy that position and rank in the navy which he would have held had he not been retired, furloughed or dropped, by the order of the president, on the report of the naval board: Provided further, That any dropped officer who may be, in the opinion of said court, entitled to be placed on the retired or furloughed list, may be thus placed by the president, by and with the advice and consent of the senate.

officers.

169. Officers who were dropped, as aforesaid, and who shall not be restored to the Ibid. 73. naval service within one year from the passage hereof, shall be entitled to receive one Pay of officers not year's duty pay of their grades, respectively. (a) And the president shall be and he is restored. hereby authorized, with the advice and consent of the senate, to transfer any officer from the furlough to the reserved pay list; and that so much of the act of February 28th 1855, entitled "An act to promote the efficiency of the navy," as renders reserved officers ineligible to promotion, be and the same is hereby repealed.

Ibid. 4.

served list.

170. Reserved officers may be promoted on the reserved list, by and with the advice and consent of the senate; but no such promotion shall entitle them to any pay beyond Promotion of that to which they were entitled when so reserved, nor shall they, by such promotion, officers on retake any higher rank than they would have taken had they been retained in the active' service of the navy; and nothing in this act, or in the act to which this is an amendment, shall be so construed as to preclude officers on the reserved list from wearing the uniform of their grades respectively.

Ibid. 2 6.

171. All officers who may be restored to active service, under the provisions of this act, shall be entitled to draw the same pay they were drawing at the time they were Restored officers retired or dropped, for and during the time of such retirement or suspension from the to draw back pay active service aforesaid.

XII. NAVY PENSION FUND.(b)

2 Stat. 293.

to treasurer.

Ibid. 22.

172. All the money accruing or which has already accrued to the United States from 26 March 180431. the capture of prizes authorized by law, (c) and which has not already been paid to the secretary of the navy, the secretary of the treasury, and the secretary of war, as com- Fund to be paid missioners of the navy pension fund, shall be paid to the treasurer of the United States. 173. It shall be the duty of the treasurer of the United States to receive all the money so accruing, and to disburse the same pursuant to warrants from the secretary of the How disbursed. navy, countersigned by the accountant of the navy; and a distinct quarterly account of Quarterly acthe moneys thus received and disbursed shall be rendered by the said treasurer to the counts. accounting officers of the treasury, in the same manner as is provided for other public moneys received by him.

174. It shall be the duty of the accountant of the navy(d) to receive and settle all

(a) See act 3 March 1857 8. 11 Stat. 247.

(b) See supra, 82-3.

demned for piracy. 2 Opin. 648.

Ibid. § 3

(d) Office abolished, and duties transferred to the fourth auditor, (e) This includes the proceeds of vessels captured and con- by act 3 March 1817. 3 Stat 366

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