Petty officers. July 17, 1862, s. SEC. 1410. All officers not holding commissions or war18, v. 12, p. 610. rants, 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. Mar. 3, 1893. Number of en listed men fixed at 9,000. See note 3. June 10, 1896. vol. 2, p. 517. Navy. men. SEC. 1417. And 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 one thousand five hundred apprentices and boys, hereby authorized to be enlisted Supp R. S., annually, shall not exceed nine thousand. * And 29 Stat. L., 361. the Secretary of the Navy is hereby authorized to enlist Additional sea- at any time after the passage of this Act as many addiMar. 3, tional men as in his discretion he may deem necessary, 1893, ch. 212, par. not to exceed one thousand. Provided, That in the appointSubstitute for ment of warrant-officers in the naval service of the United Apprentices, States, preference shall be given to men who have been honorferred in appoint ably discharged upon the expiration of an enlistment as an ment of warrant- apprentice or boy, to serve during minority, and reenlisted Promotion of within three months after such discharge, to serve during a as war term of three or more years: Provided further, That nothing in this act [section] shall be held to abrogate the provisions of R. S., sec. 1407. section fourteen hundred and seven of the Revised Statutes 13, p. 120; June of the United States. 8, p. 131. R. S., 1417. etc., to be pre officers. seamen June 7, 1864, v. 17, 1868, s. 2, v. 15, p. 72; May 12, 1879, v. 21, p. 3; June 30, 1876, v. 19, p. 66. Term of enlist ment. SEC. 1418. Boys between the ages of fourteen and eight Mar. 2, 1837, s. een years may be enlisted to serve in the Navy until they 1, v. 5, p. 153; shall arrive at the age of twenty-one years; other persons 21. p. 3: Feb. 23, may be enlisted to serve for a period not exceeding five years, unless sooner discharged by direction of the President. May 12, 1879, v. 1881. v. 21, p. 331. See note 4. May 12, 1879, 21 That section fourteen hundred and eighteen be amended so as to read as follows: "SEC. 1418. Boys between the ages of fifteen (5) and R. S., p. 263. 283SPP eighteen years may be enlisted to serve in the Navy until Enlistment of they shall arrive at the age of twenty-one years; other Substitute for persous may be enlisted to serve for a period not exceedR. S., § 1419. ing five years, unless sooner discharged by direction of the President." boys and others. -between ages of 15 and 18 years Substitute for R. S., § 1419. What persons are prohibited from enlisting. That section fourteen hundred and nineteen be amended so as to read as follows: "SEC. 1419. Minors between the ages of fifteen (5) and eighteen years shall not be enlisted for the naval service without the consent of their parents or guardians." That section fourteen hundred and twenty be amended so as to read as follows: "SEC. 1420. No minor under the age of fifteen (5) years, Note 3. The number of enlisted men in the Navy was fixed by R. S., sec. 1417, at 8,500. This was reduced by 1876, June 30, ch. 159 (incorporated in second edition of R. S., 19 Stat. L., 66), to 7,500; increased by 1879, May 12, ch. 5 (1 Supp. R. S., 263), to 8,250, and by the above act to 9,000. Note 4.-The original statute limiting the age to sixteen, was amended by act of 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." Consent of parents and guard SEC. 1419. Minors between the ages of fourteen and eighteen years shall not be enlisted for the naval service with-ians. out the consent of their parents or guardians. no SEC. 1420. No minor under the age of fourteen years, insane or intoxicated person, and no deserter from the naval or military service of the United States, shall be enlisted in the naval service. Mar. 2, 1837, 8. 1, v. 5, p. 153; Mar. 3, 1865, s. 18, v. 13, p. 490; May 12, 1879, v. 21, p. 3; Feb. 23, 1881, v. 21, p. 331. Persons not to be enlisted. Mar. 3, 1865, s. 18, v. 13, p. 490; May 12, 1879, v. 21, p. 3; Feb. 23, 1881, v. 21, p. 331. See note 6. Mar. 1, 1889. 25 Stat. L., 781. Naval appren That in order to encourage the enlistment of boys as apprentices in the United States Navy, the Secretary of the Navy is hereby authorized to furnish as a bounty to each of said apprentices after his enlistment, and when tices to have first received on board of a training-ship, an outfit of enlistment. clothing not to exceed in value the sum of forty-five dollars. And fraudulent enlistment, and the receipt of any pay or allowance thereunder, is hereby declared an offense against naval discipline and made punishable by general court martial, under article twenty-two of the articles for the government of the Navy; bounty outfit on R. S., secs.14171420. May 12, 1879, ch. 5, p. 263; Feb. 23, 1881, ch. 73, s. 2, p. 318. 5, Mar. 3, 1893. 27 Stat. L., 715. p. 130. Supp. R.S., 1892Punishment for fraudulent enlistment. R.S., secs.14171420, 1624, arts. 19, 22. When takes but this provision shall not take effect until sixty days effect. after the passage of this act. The register of wills shall hereafter prepare papers in connection with appointment of guardians to enable indi Mar. 3, 1891. Navy enlistment papers to be prepared free. Note 6.-United States courts can inquire into the validity of enlistments on habeas corpus, and thereupon discharge enlisted persons in proper cases. This power can not legally be exercised by State courts. (Winthrop's Digest, pp., 250, 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 com mon law of the State must rule the services of a minor belonging to its legal guardian. A. G. O. Apr. The United States are empowered to raise and maintain a Navy, and have a right to prescribe the rules and conditions under which voluntary or compulsory services 16, 1896. are to be rendered by citizens. The periods at which persons reach their majority and become sui juris with respect to the ordinary affairs of life cannot abridge this power of the General Government. A minor over 18 years of age can, by enlistment, bind himself during his minority, and there is no reason why he cannot bind himself for a further period. A minor who, at the age of 19, enlisted in the Navy is bound by such enlistment, even though it extends beyond the date on which he becomes of age. 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. Can not 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.) See note 7. Transfer from military to naval service. July 1, 1864, s. 1, v. 13, p. 342. enlistment. yond term. ed without limits gent boys to enlist in the United States Navy as provided by law, without making any charge therefor. * * SEC. 1421. Any person enlisted in the military service of the United States may, on application to the Navy Department, approved by the 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. Men to be sent SEC. 1422. That it shall be the duty of the commanding home at expira tion of term of Officer of any fleet, squadron, or vessel acting singly, when on service, to send to an Atlantic or to a Pacific port of the United States, as their 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, Detention 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 Persons enlist or Pacific port. All persons enlisted without the limits of of United States. the United States may be discharged, on the expiration of their enlistment, either in a 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 persons sent home, or detained by a commanding officer, according Men subject to to the provisions of this act, shall be subject in all respect regulations until to the laws and regulations for the government of the return or dis charge. Navy until their return to an Atlantic 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 Atlantic or Pacific port of the vessel to which they beHow long held long, shall in no case be held in service more than thirty days after their arrival in said 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 Additional pay or Pacific port of the vessel to which they belong, and their This section to regular discharge therefrom, shall receive for the time durbe contained in ing which they are so detained, or shall so serve beyond shipping arti. their original terms of enlistment, an addition of one-fourth July 17, 1862, s. of their former pay: Provided, That the shipping-articles Mar. 3, 1875, v. 18, shall hereafter contain the substance of this section. in service after arrival. for detention. cles. 17, v. 12, p. 610; p. 484. See sec. 1572. Subject to regulations while tained. SEC. 1423. All persons sent home, or detained by a comsent home or demanding 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. July 17, 1862, s. 17, v. 12, p. 610. Note 7.-Similar provisions occur in 1891, Mar. 3, ch. 546, par. 1 (1 Supp. R. S., 931). The introduction of the word "hereafter" determines the character of the legislation as general and permanent, as explained in note (9) to 1893, Feb. 27, ch. 168, par. 7, Supp. R. S. 1892-95, p. 93, 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. SEC. 1425. The shipping articles shall contain the sub- What to be contained in shipstance of the three sections next preceding and of section ping articles. fifteen hundred and seventy-two. Idem. Honorable discharge, to whom SEC. 1426. Honorable discharges may be granted to seamen, ordinary seamen, landsmen, firemen, coal-heavers, and granted. boys who have enlisted for three years. Mar. 2, 1855, s. 1. v. 10, p. 627; June 7, 1864, v. 13, p. 120. 26 Stat. L., 6. Form of honorable discharge. R. S., secs 1426, SEC. 1427. Honorable discharges shall be granted accord- Feb. 7, 1890. ing to a form prescribed by the Secretary of the Navy. That from and after the passage of this act, whenever satisfactory proof is furnished at the Navy Department Idem. Certificates of that any commissioned officer, regular or volunteer, honorable disappointed or enlisted man who served in the Navy or the charge in Navy or Marine Corps, Marine Corps of the United States in the war of eighteen when original is hundred and twelve, the Mexican war, or the war of the lost. rebellion, has lost his certificate of discharge, or the same 1427. has been destroyed without his privity or procurement, the ch.14.1890, Secretary of the Navy shall be authorized to furnish to such commissioned officer, regular or volunteer, appointed or enlisted man, a certificate of discharge in lieu thereof. Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or any other allowance, or as evidence in any other case. p. not to be evidence in claims. Apr. 14, 1890. 714. That the Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under Navy. assumed names, while minors or otherwise, in the Army soldiers and sailand Navy during the war of the rebellion, and were honor- ors who enlisted ably discharged therefrom. Discharge to under as sumed names. R. S., secs. 1342, art. 4, 1426, 1427. Applications for said certificates of discharge or amended Applications. orders of resignation may be made by or on behalf of persons entitled to them; But no such certificate or order shall be issued where a name was assumed to cover a crime or to avoid its consequence. and in time of peace the President may in his discretion, and under such rules and upon such conditions as he may prescribe, permit any enlisted man to purchase his discharge from the Navy or the Marine Corps, the amounts received therefrom to be covered into the Treasury. * * Exception. Mar. 3, 1893. 27 Stat. L., 715. Supp. R. S., 1892 95., p. 130. Purchase of discharge by enlisted men of Navy and Marine Corps. R. S., secs. 1426, 1427. See note 8. Note 8.--Similar provision as to the Army is contained in 1890, June 16, ch. 426, sec. 4 (Supp. R. S., 757). Title 15, chap. 2. SEC. 1429. It shall be the duty of every commanding Report of men officer of a vessel, on returning from a cruise, and immeentitled to honor-diately on his arrival in port, to forward to the Secretary Mar. 2, 1855, s. of the Navy a list of the names of such of the crew who 1, v. 10, p. 627. able discharge. Feb. 8, 1889. Seamen. etc., in Navy honora on receiving. 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. That the Secretary of the Navy be, and he is hereby, 25 Stat. L., 657. authorized to permit any person receiving the honorable discharge authorized by section fourteen hundred and bly discharged, twenty-nine of the Revised Statutes to elect a home on may have home board of any of the United States receiving-ships, during ships for three any portion of the three months granted by law as the months, etc. limit of time within which to receive the pecuniary benefit of such discharge, the men so choosing a home to be entitled to one ration per day for their keeping while furnished with such home, but not to pay, other than that authorized by section fifteen hundred and seventy-three of the Revised Statutes of the United States upon re-enlistment: R. S., secs. 1429, 1573. -amen a ble regulations. to To discourage sale of prize Provided, That the persons so furnished with a home shall be amenable to such regulations as may be prescribed by the Secretary of the Navy or other competent authority. SEC. 1430. Every commanding officer of a vessel is remoney or wages. quired to discourage his crew from selling any part of their 12, v. 13, p. 310. prize-money, bounty-money, 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 See sec. 4643, money given for the purchase of prize-money, bountyPrize, Division money, or wages. June 30, 1864, 8. IV. and liberty. Duty as to SEC. 1431. It shall be the duty of commanding officers granting leave of vessels, in granting temporary leave of absence and Mar. 2, 1855, 8. liberty on shore, to exercise carefully a discrimination in favor of the faithful and obedient. 3, v. 10, p. 627. men. Apr. 18, 1814, s. Title 15, chap. 8. SEC. 1569. The pay to be allowed to petty officers, exPay of enlisted cepting mates, and the pay and bounty upon enlistment of seamen, ordinary seamen, firemen, and coal-heavers, in 1, v. 8, p. 136; the naval service, shall be fixed by the President: ProMar. 3, 1847.8.4, vided, That the whole sum to be given for the whole pay 1, 1864, s. 4. v. 13, aforesaid, and for the pay of officers, and for the said boun86342213, 3: ties upon enlistments shall not exceed, for any one year, the amount which may, in such year, be appropriated for such purposes. v. 9, p. 173; July 1865, s. v. p. 539. Additional pay for serving as heavers. SEC. 1570. Every seaman, ordinary seaman, or landsman firemen and coal. Who performs the duty of a fireman or coal-heaver on board of any vessel of war shall be entitled to receive, in addition to his compensation as seaman, ordinary 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. SEC. 1572. All petty officers and persons of inferior ratings who are detained beyond the terms of service, according July 17, 1862, s. to the provisions of section fourteen hundred and twentytwo, 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 |