Rules for the Regulation of the Navy of the United Colonies

v3:1929

The Congress resumed the consideration of the Rules for the regulation of the Navy of the United Colonies; and the same being debated by paragraphs, were agreed to, as follows:

Rules for the Regulation of the Navy of the UNITED COLONIES.

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

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

If any shall be heard to swear, curse, or blaspheme the name of God, the commander is strictly enjoined to punish them for every offence, by causing them to wear a wooden collar, or some other shameful badge of distinction, for so long time as he shall judge proper. If he be a commissioned officer, he shall forfeit one shilling for each offence, and a warrant or inferior officer, six pence. He who is guilty of drunkenness, if a seaman, shall be put in irons until he is sober; but if an officer, he shall forfeit two days' pay.

No commander shall inflict any punishment upon a seaman beyond twelve lashes upon his bare back, with a cat-o' -nine-tails; if the fault shall deserve a greater punishment, he is to apply to the Commander-in-Chief of the Navy, in order to the trying of him by a court-martial; and, in the mean time, be may put him under confinement.

The commander is never, by his own authority, to discharge a commission or warrant officer, nor to punish or strike him, but he may suspend or confine them, and when he comes in the way of a Commander-in-Chief, apply to him for holding a court-martial.

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

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

Whenever the Captain shall enlist a seaman, be shall take care to enter on his books the time and terms of his entering, in order to his being justly paid.

The Captain shall, before he sails, make return to and leave with the Congress, or such person or persons as the Congress shall appoint for that purpose, a complete list of all his officers and men, with the time and terms of their entering, and, during his cruise, shall keep a true account

v3:1930

The men shall, at their request, be furnished with slops that are necessary, by the Captain or Purser, who shall keep an account of the same; and the Captain, in his return, in the last mentioned article directed to be made, shall mention the amount delivered to each man, in order to its being stopped out of his pay.

As to the term "inferior officer," the Captain is to take notice that the same does not include any commission nor any warrant officer, except the second master, surgeon' s mate, cook, armourer, gunsmith, master-at-arms, and sail-maker.

The Captain is to take care, when any inferior officers or volunteer seamen are turned over into the ship under his command, from any other ship, not to rate them on the ship' s books in a worse quality, or lower degree or station, than they served in the ship they were removed from; and, for his guidance, he is to demand from the commander of the ship, from which they are turned over, a list, under his hand, of their names and qualities.

Any officer, seaman, or others, entitled to wages or prize money, may have the same paid to his assignee, provided the assignment be attested by the Captain or commander, the master or purser of the ship, or a chief magistrate of some County or Corporation.

The Captain is to discourage the seamen of his ship from selling any part of their wages or shares, and never to attest the letter of attorney of any seaman, until he is fully satisfied that the same is not granted in consideration of money given for the purchase of his wages or shares.

When any inferior officer or seaman dies, the Captain is forthwith to make out a ticket for the time of his service, and to send the same, by the first safe conveyance, to the Congress, or agents by them for that purpose appointed, in order to the wages being forthwith paid to the executors or administrators of the deceased.

A convenient place shall be set apart for sick or hurt men, to which they are to be removed, with their hammocks and bedding, when the surgeon shall advise the same to be necessary, and some of the crew shall be appointed to attend and serve them, and to keep the place clean.

The cooper shall make buckets, with covers and cradles, if necessary, for their use.

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

It is left to the discretion of commanders of squadrons to shorten the allowance of provisions according to the exigence of the service, taking care that the men be punctually paid for the same.

The like power is given to Captains of single ships, in cases of absolute necessity.

If there should be a want of pork, the Captain is to order three pounds of beef to be issued to the men, in lieu of two pounds of pork.

One day in every week shall be issued out a proportion of flour and suet, in lieu of beef, for the seamen, but this is not to extend beyond four months' victualling at one time, nor shall the Purser receive any allowance for flour or suet kept longer on board than that time; and there shall be supplied, once a year, a proportion of canvass for pudding-bags, after the rate of one ell for every sixteen men.

If any ships of the thirteen United Colonies, shall happen to come into port in want of provisions, the warrant of a Commander-in-Chief shall be sufficient to the agent, or other instrument of the victualling, to supply the quantity wanted; and in urgent cases, where delay may be hurtful, the warrant of the Captain of the ship shall be of equal effect.

The Captain is frequently to order the proper officers to inspect the condition of the provisions, and if the bread

v3:1931

The Captain or Purser shall secure the clothes, bedding, and other things of such persons as shall die or be killed, to be delivered to their executors or administrators.

All papers, charter-parties, bills of lading, passports, and other writings whatsoever, found on board any ship or ships which shall be taken, shall be carefully preserved, and the originals sent to the court of justice for maritime affairs, appointed or to be appointed by the Legislatures in the respective Colonies, for judging concerning such prize or prizes; and if any person or persons shall wilfully or negligently destroy, or suffer to be destroyed, any such paper or papers, he or they so offending shall forfeit their share of such prize or prizes, and suffer such other punishment as they shall be judged by a court-martial to deserve.

If any person or persons shall embezzle, or steal, or take away any cables, anchors, sails, or any of the ship' s furniture, or any of the powder, arms, ammunition, or provisions of any ship belonging to the thirteen United Colonies, he or they shall suffer such punishment as a court-martial shall order.

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

Any Captain or other officer, mariner or others, who shall basely desert their duty or station in the ship, and run away while the enemy is in sight, or, in time of action, shall entice others to do so, shall suffer death, or such other punishment as a court-martial shall inflict.

Any officer, seaman, or marine, who shall begin, excite, cause, or join in any mutiny or sedition in the ship to which he belongs, on any pretence whatsoever, shall suffer death, or such other punishment as a court-martial shall direct.

Any person in or belonging to the ship, who shall utter any words of sedition and mutiny, or endeavour to make any mutinous assemblies, on any pretence whatsoever, shall suffer such punishment as a court-martial shall inflict.

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

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

There shall be no quarrelling or fighting between shipmates on board any ship belonging to the thirteen United Colonies, nor shall there be used any reproachful or provoking speeches, tending to make quarrels and disturbance, on pain of imprisonment, and such other punishment as a court-martial shall think proper to inflict.

If any person shall sleep upon his watch, or negligently perform the duty which shall be enjoined him to do, or forsake his station, he shall suffer such punishment as a court-martial shall judge proper to inflict, according to the nature of his offence.

All murder shall be punished with death.

All robbery and theft shall be punished at the discretion of a court-martial.

Any Master-at-Arms who shall refuse to receive such prisoner or prisoners as shall be committed to his charge, or, having received them, shall suffer him or them to escape, or dismiss them without orders for so doing, shall suffer in his or their stead, as a court-martial shall order and direct.

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

All other faults, disorders, and misdemeanors, which shall be committed on board any ship belonging to the thirteen United Colonies, and which are not herein

v3:1932

A court-martial shall consist of at least three Captains and three First Lieutenants, with three Captains and three First Lieutenants of Marines, if there shall be so many of the marines then present, and the eldest Captain shall preside.

All sea officers of the same denomination shall take rank of the officers of the marines.

Every member of a court-martial shall take the following oath, viz:

"You, ˙ ˙ ˙ ˙ ˙ ˙, swear that you will well and truly try, and impartially determine the cause of the prisoner now to be tried, according to the rules of the Navy of the United Colonies. So help you God."

Which oath shall be administered by the President to the other members, and the President shall himself be sworn by the officer in said court next in rank.

All witnesses, before they may be admitted to give evidence, shall take the following oath, viz:

"You swear the evidence you shall give, in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God"

The sentence of a court-martial for any capital offence shall not be put in execution until it be confirmed by the Commander-in-Chief of the fleet; and it shall be the duty of the President of every court-martial to transmit to the Commander-in-Chief of the fleet every sentence which shall be given, with a summary of the evidence and proceedings thereon, by the first opportunity.

The Commander-in-Chief of the fleet, for the time being, shall have power to pardon and remit any sentence of death that shall be given in consequence of any of the aforementioned articles.

There shall be allowed to each man serving on board the ships in the service of the thirteen United Colonies, a daily proportion of provisions, according as is expressed in the following table, viz:

Sunday: One pound bread, one pound beef, one pound potatoes or turnips.

Monday: One pound bread, one pound pork, half pint peas, and four ounces cheese.

Tuesday: One pound bread, one pound beef, one pound potatoes or turnips, and pudding.

Wednesday: One pound bread, two ounces butter, four ounces cheese, and half pint of rice.

Thursday: One pound bread, one pound pork, and half pint of peas.

Friday: One pound bread, one pound beef, one pound potatoes or turnips, and pudding.

Saturday: One pound bread, one pound pork, half pint peas, and four ounces cheese.

Half pint of rum per man every day, and discretionary allowance on extra duty, and in time of engagement.

A pint and half of vinegar for six men per week.

The pay of the officers and men shall be as follows:

We, whose hands and marks are hereunto set and subscribed, being officers, seamen, and marines, do, and each of us doth agree to and with ˙ ˙ ˙, of the good ship called the ˙ ˙ ˙, belonging to the thirteen United Colonies of North-America, now bound on a cruise from the port of ˙ ˙ ˙, against the enemies of the thirteen United Colonies of North-America, in manner and form following, that is to say:

v3:1933

In the first place, we do hereby agree for, by, and under the considerations aftermentioned, to and with the said commander, forthwith to enter and ship ourselves, and in due and seasonable time to repair on board the said ship, called the ˙ ˙ ˙, and during the term of ˙ ˙ ˙ months, to the utmost of our power and ability, respectively, to discharge our several services or stations, and in every thing to be conformable and obedient to the several requirings and lawful commands of the said ˙ ˙ ˙, and his successors in command.

Secondly. We do also oblige and subject ourselves to serve on board the said ship during the said cruise; and as she is a ship-of-war, we do severally oblige ourselves, by these articles, to comply with and be subject to the rules and discipline of the American fleet, as established by the Congress, and to be governed and commanded, in time of action with an enemy, according to the same rules, and submit ourselves to the same punishments and penalties as are there inflicted, in case we, or any of us, offer to desert our quarters, or not obey the commands of the said ˙ ˙ ˙, or his successors in command, in giving chase to any ship or ships, vessel or vessels, or otherwise; and if, upon a scrutiny of our said ˙ ˙ ˙, or his said officers, we, or any of us, should be found guilty of any breach contrary to the tenor of this agreement, or any act of cowardice, we do hereby severally submit and agree to allow and forfeit our several and respective shares of and in any prize or prizes we shall then have taken, to be divided amongst the said ship' s company.

Thirdly. We do also severally agree and oblige ourselves, that when any prize or prizes have been taken, to follow the express directions of the said ˙ ˙ ˙, or his successors, in boarding the said prize, and be under the command of any officer whom the said ˙ ˙ ˙ shall appoint, and be assisting to him to carry the said prize to whatever port or ports such prize or prizes shall be assigned by the said ˙ ˙ ˙ And we do hereby further severally agree and covenant, in that case, to be true and faithful in discharge of our duty and trust, and will not, in any shape, embezzle, defraud, or plunder any thing on board such prize or prizes; and in case any or either of us shall be found guilty of any breach contrary to the true meaning of this agreement, we, and such of us being guilty thereof, do hereby severally submit and agree to allow so much of all and every of our shares and part of our shares of and in the said prize or prizes then or thence after to be taken, and of all our respective wages that then shall be due and coming to us, in respect of our services, as shall make good such plunder and embezzlement we shall have been found guilty of.

Fourthly. And it is also further agreed to be the true intent and meaning of all parties hereto, that the officer or officers, or any of the ship' s company sent on board any prize, shall have as good a share and interest of any prize that shall be thereafter taken, during his or their absence, as if he or they had been on board the said vessel at the time of taking thereof, any thing herein contained to the contrary notwithstanding. Provided always, and it is hereby agreed to be the meaning of the said last above-mentioned clause, that if the said officer or officers, and such of the said ship' s company to whom the conduct and management of any prize has been intrusted, do not (first having accepted the commands of the said commander concerning the said prize under his or their custody) immediately repair to the respective port or harbour where the said ˙ ˙ ˙, or his successors in command, shall order, or do not proceed with the said prize or prizes so taken to the respective port or ports to be assigned by the said ˙ ˙ ˙ for the time being, that then, and in failure of any or either of the agreements aforesaid contained on our parts, we, and each and every of us so offending, do hereby severally submit and agree to be cashiered, not only for our several and respective interests and shares of and in the capture of prize-money, but totally to be excluded and divested from the payment of any wages then due to us, for and in respect of our several services on board the said ship ˙ ˙ ˙, and the interest and shares of such delinquents that otherwise would have accrued to us.

Fifthly. And the said ˙ ˙ ˙, for and in behalf of himself and the thirteen United Colonies of North-America, doth hereby covenant and agree, to and with the said

v3:1934

Sixthly. And as an encouragement to exert the valour of the seamen and marines in defending the said ship, and in subduing and distressing the said enemy, the said ˙ ˙ ˙, for and on behalf of the said thirteen United Colonies of North-America, doth further covenant, promise, and agree, to and with all and every of the officers, seamen, and marines, parties hereto, that in case any prize or prizes shall be taken by the said ship, during the intended cruise, that the same shall be proceeded against and distributed according to the resolutions of the Congress.

Seventhly. And it is by these presents mutually agreed and consented to, by and between the said ˙ ˙ ˙, and every the officers, seamen, and marines, parties thereto, that in case the commander for the time being lose a limb in an engagement, or be otherwise disabled, so as to be rendered incapable afterwards of getting a livelihood to subsist upon, he shall receive, out of the nett profits of such prize or prizes, and prize-goods, if so much arise, before dividend or distribution be declared, the sum of four hundred dollars; or if he lose his life, his widow or children, (if any) shall receive the said bounty of four hundred dollars, together with all prize-money to him belonging at the time of his decease. And if the Captain of marines, or any other commission or warrant officer, lose a limb, or be otherwise disabled, so as to be rendered incapable afterwards of getting a subsistence, he or they so disabled shall receive a bounty of three hundred dollars, if so much arise from the nett profits as aforesaid; and in case of death, the widow or children, if any, is, are, and shall be entitled to the same, together with their share of prize-money due at the time of their decease. And if an inferior officer, marine, or sailor, lose a limb, or be otherwise disabled, so as to be rendered incapable afterwards of getting a subsistence, he or they shall receive a bounty of two hundred dollars, to be deducted as aforesaid; and in case of death, his widow or children (if any) is, are, and shall be entitled to the same, together with his share of prize-money due at the time of his decease.

He who first discovers a ship or vessel which shall afterwards become a prize, shall be entitled to a double share of such prize.

There shall be ten shares of every prize, which shall be taken and condemned, set apart to be given to such inferior officers, seamen, and marines, as shall be adjudged best to deserve them by the superior officers, who shall be appointed to make such determination.

He who shall first board a ship or other vessel, making resistance, which shall become a prize, shall be entitled to a triple share.

Provided always, and it is hereby declared to be the true intent and meaning of the parties to the aforementioned articles and orders, that any of the officers, seamen, and marines, shall be liable to be removed by the Congress or Committee of the Congress, during the recess thereof, or by the Commander-in-Chief of the American fleet for the time being, from the aforesaid vessel to any other armed vessel in the service of the United Colonies, any thing contained in the foregoing orders and articles notwithstanding.