SEC. 1387. No paymaster shall be allowed a clerk in a vessel having, When not al lowed. the complement of one hundred and seventy-five persons or less, excepting in supply steamers and store-vessels. 26 May, 1864, v. 13, p. 92. SEC. 1388. Passed assistant paymasters and assistant paymasters at- Clerks of passed tached to vessels of war shall be allowed clerks, if clerks would be assistant and asallowed by law to paymasters so attached. 3 March, 1863, s. 5, v. 12, p. 818. sistant paymas ters. Clerks to pay. SEC. 1556. Clerks to paymasters at navy-yards, Boston, Title 15, Chap. 8. New York, Philadelphia, and Washington, one thousand six hundred dollars; Kittery, Norfolk, and Pensacola, one thousand four hundred masters of yards dollars; Mare Island, one thousand eight hundred dollars. Clerks to paymasters, at other stations, one thousand three hundred dollars. Clerks to paymasters of receiving-ships at Boston, New York, and Philadelphia, one thousand six hundred dollars; at Mare Island, one thousand eight hundred dollars; of other receiving-ships, one thousand three hundred dollars. and stations. Clerks to paymasters of receiving-ships, &c. Clerks to pay sels. Clerks to paymasters on vessels of the first rate, one thousand three hundred dollars; on vessels of the second rate, one thousand one hun- masters of vesdred dollars; on vessels of the third rate, and supply-vessels and storeships, one thousand dollars. Clerks to fleet paymasters, one thousand one hundred dollars. Clerks to paymasters at the Naval Academy and Naval Asylum, one thousand three hundred dollars. Clerks to feet paymasters. Clerks to pay masters at Asylum and Acad emy. Clerks to in Clerks to inspectors in charge of provisions and clothing, at navy- 15 July, 1870, s. 3, v. 16, p. 332. NOTES.-The clerk of a paymaster in the Navy is subject to the jurisdiction of a court-martial, and may be arrested and tried for an offense committed while in the service, even after his connection with it has been legally severed.-Ex pirte. Bogart, 17 Int. Rev. Rec., 155. Under the act of March 2, 1863, a paymaster's clerk is a person in the military service, and liable to trial by court-martial.-United States v. Bogart, 3 Benedict R., 257. A regularly appointed clerk of a paymaster in the Navy is a person in the naval service of the United States within the meaning of article 14, sec. 1624 of the Revised Statutes, and for a violation of its provisions is subject to be tried, convicted, and sentenced by a naval general court-martial. Otto, S. C., 100, p. 13, Oct., 1879. See same, case of Reed, paymaster's clerk, tried by courtmartial where, on habeas corpus, the Supreme Court decided that the court-martial had jurisdiction, and was competent to pass the sentence of which he com. plained. SEC. 1556. AT YARDS AND STATIONS. First clerks to commandants of navy-yards, one thousand five hundred dollars. Clerk to commandant of navy-yard at Mare Island, one thousand eight hundred dollars. Clerks to commandants of naval stations, one thousand five hundred dollars. 15 July, 1870, s. 3, v. 16, p. 332. Pay. SEC. 1416. The Secretary of the Navy is authorized, when in his opin- Title 15, Chap. 1. ion the public interest will permit it, to discontinue the office or em- Clerks at yard. ployment of *** any clerk of the yard, clerk of the commandant, clerk may be discon of the store-keeper, clerk of the naval constructor. tinued. 10 Aug., 1846, s. 1, v. 9, p. 98. OFFICERS AS SECRETARIES AND CLERKS. On and after the first day of July, eighteen hundred and seventy- 4 May, 1878. eight, there shall be no appointments made from civil life of secretaries Secretaries and or clerks to the Admiral, or Vice-Admiral, when on sea service, command- clerks from civi ers of squadrons, or of clerks to commanders of vessels; and an officer life not to be ap pointed afloat. Detail of offi- not above the grade of lieutenant shall be detailed to perform the ducers to perform ties of secretary to the Admiral or Vice-Admiral, when on sea service. the duties. and one not above a lieutenant of the junior grade to perform the duties of clerk to a rear-admiral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lientenant-commander when afloat. Sec. 1407. Promotion of seamen. 1408. Seamen rated as mates. * 4 May, 1878, v. 20, p. 50. * # 3 March, 1883, P. E. L., p. 472. SEAMEN IN THE NAVY. 1409. Not discharged from enlistment by being rated mates. 1410. Petty officers. 1417. Enlisted men, number of. 1418. Term of enlistment. 1419. Consent of parents and guardians. 1420. Persons not to be enlisted. 1421. Transfer from military to naval service. 1422. Men sent home at expiration of term. 1423. Subject to regulations, &c. 1424. Limit of detention. 1423. What to be contained in shipping-articles. Sec. 1426. Honorable discharge, to whom granted. 1429. Men entitled to honorable discharge. 1570. Additional pay for serving as firemen, &c. 1573. Bounty-pay for re-enlisting. 1574. Crews of lost or wrecked vessels. 1576. Assignment of wages. 4878. Burial of seamen in national cemeteries. Machinists in the Navy. Title 15, Chap. 1. SEC. 1407. Seamen distinguishing themselves in battle, or by extraor of dinary heroism in the line of their profession, may be promoted to forseamen to war. Ward warrant officers, upon the recommendation of their commanding Promotion rant officers. officer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hundred dollars and a medal of honor, to be prepared under the direction of the Navy Department. 17 May, 1864, s. 3, v. 13, p. 79. NOTE. The 7th section of the act of December 21, 1861, vol. 12, p. 329, authorized the Secretary of the Navy to prepare medals of honor, with suitable emblematic devices, to be bestowed upon such petty officers, seamen, landsmen, and marines as should most distinguish themselves by their gallantry in action, and other seaman-like qualities during the war of the rebellion. Appropria tions have since been made for such medals, which are bestowed in meritorious cases, although no promotion takes place. SEC. 1408. Mates may be rated, under authority of the Secretary of the Navy, from seamen and ordinary seamen who have enlisted in the naval service for not less than two years. 17 May, 1864, s. 3, v. 13, p. 79. 3 March, 1865, s. 3, v. 13, p. 539. SEC. 1409. The rating of an enlisted man as a mate, or his appointment as a warrant officer, shall not discharge him from his enlistment. Idem. SEC. 1410. All officers not holding commissions or warrants, or who are not entitled to them, except such as are temporarily appointed to the duties of a commissioned or warrant officer, and except secretaries and clerks, shall be deemed petty officers, and shall be entitled to obedience, in the execution of their offices, from persons of inferior ratings. 17 July, 1862, s. 18, v. 12, p. 610. SEC. 1417. The number of persons who may at one time be enlisted into the Navy of the United States, including seamen, ordinary seamen, landsmen, mechanics, firemen, and coal-heavers, and including seven hundred and fifty apprentices and boys, hereby authorized to be enlisted annually, shall not exceed eight thousand two hundred and fifty: Provided, That in the appointment of warrant-officers in the naval service of the United States, preference shall be given to men who have been honorably discharged upon the expiration of an enlistment as an apprentice or boy, to serve during minority, and reenlisted within three months after such discharge, to serve during a term of three or more years: Provided further, That nothing in this act [section] shall be held to abrogate the provisions of section fourteen hundred and seven of the Revised Statutes of the United States. 7 June, 1864, v. 13, p. 120. 12 May, 1879, v. 21, p. 3. 30 June, 1876, v. 19, p. 66. Term of enlist SEC. 1418. Boys between the ages of fourteen and eighteen years may be enlisted to serve in the Navy until they shall arrive at the age of ment. twenty-one years; other persons may be enlisted to serve for a period not exceeding five years, unless sooner discharged by direction of the President. 2 March, 1837, s. 1, v. 5, p. 153. 12 May, 1879, v. 21, p. 3. 23 Feb., 1881, v. 21, p. 331. Consent of pa SEC. 1419. Minors between the ages of fourteen and eighteen years shall not be enlisted for the naval service without the consent of their rents and guardparents or guardians. 2 March, 1837, s. 1, v. 5, p. 153. 3 March, 1865, s. 18, v. 13, p. 490. 12 May, 1879, v. 21, p. 3. 23 Feb., 1881, v. 21, p. 331. SEC. 1420. No minor under the age of fourteen years, no insane or intoxicated person, and no deserter from the naval or military service of the United States, shall be enlisted in the naval service. 3 March, 1865, s. 18, v. 13, p. 490. 12 May, 1879, v. 21, p. 3. 23 Feb., 1881, v. 21, p. 331. This NOTES.-United States courts can inquire into the validity of enlistments on habeas corpus, and thereupon discharge enlisted persons in proper cases. power cannot legally be exercised by State courts. Winthrop's Digest, p. 250 and 280, with authorities given. Subject discussed.-Also Op. XII, 259. It has generally been held that the enlistment of minors in the Navy, over 18, was legal. The circuit court of the United States district of Massachusetts, however, January 30, 1883, ordered the discharge of a minor, basing its action on a decision of Judge Lowell in 1870, which was that Congress had the right to pass a law making legal the enlistment of a minor, but not having done so by explicit statute the common law of the State must rule-the services of a minor belonging to its legal guardian. The Executive Department has discretionary authority to discharge before the term of service has expired, but has no power to vary the contract of enlistment.-Op. IV, 538; XV, 362. Enlistment "for three years or during the war," means three years from date of muster, if war should last so long, and if it should not, then until it should end. Reference to duration, a restriction, not an extension. Cannot be legally retained over three years, although the war may extend beyond that period. Winthrop, p. 252. Refers to decision of supreme court of Pennsylvania, and other authorities. An alien can be enlisted in the naval service or the Marine Corps, and is bound the same as a citizen to serve for his term of enlistment.-Op. III, 671; IV, 350; VI, 474, 607. A minor is not bound by his contract, although entered into with the consent of his guardian, after he becomes of age.-Op. IV, 350. ians. Persons not to be enlisted. Transfer from military to naval SEC. 1421. Any person enlisted in the military service of the United States may, on application to the Navy Department, approved by the service. President, be transferred to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws and regulations for the government of the Navy. But such transfer shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law. 1 July, 1864, s. 1, v. 13, p. 342. Men to be sent Detention be yond term. SEC. 1422. That it shall be the duty of the commanding officer of any home at expirafleet, squadron, or vessel acting singly, when on service, to send to antion of term of Atlantic or to a Pacific port of the United States, as their enlistment enlistment. may have occurred on either the Atlantic or Pacific coast of the United States, in some public or other vessel, all petty-officers and persons of inferior ratings desiring to go there at the expiration of their terms of enlistment, or as soon thereafter as may be, unless, in his opinion, the detention of such persons for a longer period should be essential to the public interests, in which case he may detain them, or any of them, until the vessel to which they belong shall return to such Atlantic or Pacitic port. All persons enlisted without the limits of the United States may be discharged, on the expiration of their enlistment, either in a of United States. foreign port or in a port of the United States, or they may be detained as above provided beyond the term of their enlistment; and that all Men subject to persons sent home, or detained by a commanding officer, according to regulations until the provisions of this act, shall be subject in all respect to the laws and return regulations for the government of the Navy until their return to an At- charge. lantic or Pacific port and their regular discharge; and all persons so detained by such officer, or re-entering to serve until the return to an Persons enlisted without limita or dis. arrival. Atlantic or Pacific port of the vessel to which they belong, shall in no How long held case be held in service more than thirty days after their arrival in said in service after port; and that all persons who shall be so detained beyond their terms of enlistment or who shall, after the termination of their enlistment, voluntarily re-enter to serve until the return to an Atlantic or Pacific Additional pay port of the vessel to which they belong, and their regular discharge for detention. therefrom, shall receive for the time during which they are so detained, be contained in or shall so serve beyond their original terms of enlistment, an addition shipping-arti- of one-fourth of their former pay: Provided, That the shipping-articles shall hereafter contain the substance of this section. [See § 1572, infra.} This section to cles. Subject to reg. ulations while sent home or detained. Limit of deten tion. What to be con 17 July, 1862, s. 17, v. 12, p. 610. 3 March, 1875, v. 18, p. 484. SEC. 1423. All persons sent home, or detained by a commanding officer, according to the provisions of the preceding section, shall be subject in all respects to the laws and regulations for the government of the Navy, until their return to an Atlantic port and their regular discharge. 17 July, 1862, s. 17, v. 12, p. 610. SEC. 1424. Persons so detained by a commanding officer, or re-entering to serve until the return to an Atlantic port of the vessel to which they belong, shall in no case be held in service more than thirty days after their arrival in said port. Idem. SEC. 1425. The shipping articles shall contain the substance of the tained in ship- three sections next preceding and of section fifteen hundred and seventyping-articles. two. Honorable dis Idem. SEC. 1426. Honorable discharges may be granted to seamen, ordinary charge, to whom seamen, landsmen, firemen, coal-heavers, and boys who have enlisted for three years. granted. Form of honor 2 March, 1855, s. 1, v. 10, p. 627. 7 June, 1864, v. 13, p. 120. SEC. 1427. Honorable discharges shall be granted according to a form able discharge. prescribed by the Secretary of the Navy. Titlel 5, Chap. 2. Idem. SEC. 1429. It shall be the duty of every commanding officer of a vessel, on returning from a cruise, and immediately on his arrival in port, Report of men entitled to honor. to forward to the Secretary of the Navy a list of the names of such of able discharge. the crew who enlisted for three years as, in his opinion, on being discharged, are entitled to an "honorable discharge as a testimonial of fidelity and obedience; and he shall grant the same to the persons so designated. To discourage ney or wages. 2 March, 1855, s. 1, v. 10, p. 627. SEC. 1430. Every commanding officer of a vessel is required to dissale of prize-mo- courage his crew from selling any part of their prize-money, bountymoney, or wages, and never to attest any power of attorney for the transfer thereof until he is satisfied that the same is not granted in consideration of money given for the purchase of prize-money, bountymoney, or wages. [See § 4643, PRIZE. Part IV.] Duty as to granting leave and liberty. Title 15, Chap. 8. men. 30 June, 1864, s. 12, v. 13, p. 310. SEC. 1431. It shall be the duty of commanding officers of vessels, in granting temporary leave of absence and liberty on shore, to exercise carefully a discrimination in favor of the faithful and obedient. 2 March, 1855, s. 3, v. 10, p. 627. SEC. 1569. The pay to be allowed to petty officers, excepting mates, and the pay and bounty upon enlistment of seamen, ordinary seamen, Pay of enlisted firemen, and coal-heavers, in the naval service, shall be fixed by the President: Provided, That the whole sum to be given for the whole pay aforesaid, and for the pay of officers, and for the said bounties upon enlistments shall not exceed, for any one year, the amount which may, in such year, be appropriated for such purposes. 18 April, 1814, s. 1, v. 3, p. 136. firemen and coal SEC. 1570. Every seaman, ordinary seaman, or landsman who performs Additional pay the duty of a fireman or coal-heaver on board of any vessel of war shall for servin gas be entitled to receive, in addition to his compensation as seaman, ordi- heavers. nary seaman, or landsman, a compensation at the rate of thirty-three cents a day for the time he is employed as fireman or coal-heaver. 1 March, 1869, s. 2, v. 15, p. 280. be SEC. 1572. All petty officers and persons of inferior ratings who are de- Detention tained beyond the terms of service, according to the provisions of section yond term of enlistment. fourteen hundred and twenty-two, or who, after the termination of their service, voluntarily re enter, to serve until the return to an Atlantic port of the vessel to which they belong, and until their regular discharge therefrom, shall, for the time during which they are so detained or so serve beyond their original terms of service, receive an addition of onefourth of their former pay. 17 July, 1862, s. 17, v. 12, p. 610. SEC. 1573. If any seaman, ordinary seaman, landsman, fireman, coal- Bounty pay for heaver, or boy, being honorably discharged, shall re-enlist for three re-enlisting. years, within three months thereafter, he shall, on presenting his honorable discharge, or on accounting in a satisfactory manner for its loss, be entitled to pay, during the said three months, equal to that to which he would have been entitled if he had been employed in actual service. 7 June, 1864, v. 13, p. 120. 2 March, 1865, s. 2, v. 10, p. 627. of Crews wrecked or lost SEC. 1574. When the crew of any vessel of the United States are separated from such vessel, by means of her wreck, loss, or destruction, vessels. the pay and emoluments of such of the officers and men as shall appear to the Secretary of the Navy, by the sentence of a court-martial or court of inquiry, or by other satisfactory evidence, to have done their utmost to preserve her, and, after said wreck, loss, or destruction, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid them until their discharge or death. 17 July, 1862, s. 14, v. 12, p. 608. Crews of ves enemy. SEC. 1575. The pay and emoluments of the officers and men of any vessel of the United States taken by an enemy who shall appear, by sels taken by an the sentence of a court-martial or otherwise, to have done their utmost to preserve and defend their vessel, and, after the taking thereof, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid to them until their exchange, discharge, or death. Idem, s. 15, p. 609. SEC. 1576. Every assignment of wages due to persons enlisted in the Assignments naval service, and all powers of attorney, or other authority to draw, of wages. receipt for, or transfer the same, shall be void, unless attested by the commanding officer and paymaster. The assignment of wages must specify the precise time when they commence. 30 June, 1864, s. 12, v. 13, p. 310. SEC. 4878. All soldiers, sailors, or marines, dying in the service of the United States, or dying in a destitute condition, after having been hon- Title 59, Chap. 6. ororably discharged from the service, or who served during the late war, Who may be either in the regular or volunteer forces, may be buried in any national buried in national cemetery free of cost. The production of the honorable discharge of a deceased man shall be sufficient authority for the superintendent of any cemetery to permit the interment. cemeteries. 17 July, 1862, s. 18, v. 12, p. 596. 1 June, 1872, v. 17, p. 202. 3 March, 1873, v. 17, p. 603. Machinists' in All men now serving in the Navy who may be discharged as machin- June 16, 1880. ists, with continuous-service certificates entitling them to honorable discharge, and those discharged in the said rating with such certifi- the cates since the twentieth day of November, eighteen hundred and sev- charge of, &c. enty-nine, shall receive one-third of one year's pay as a machinist for each good conduct badge they have received, or may receive, not exceeding three in number under the said certificates, the said gratuity to be received in lieu of re-enlistment as a machinist under such certificate, and to be in full and in lieu of all claims against the United States in connection therewith, for extra pay for re-enlisting, or for continuous service, or for enlistment as a petty officer; and the amount nec |