General duties in time of war.

To furnish his

structions.

who subsequently joins the fleet or squadron and formally announces that he has assumed the command; in this event, the latter shall have all of the rights of his predecessor, in the same manner as if he had succeeded, immediately, the original commander in chief.

(2) An officer succeeding a commander in chief as provided in paragraph 1 of this article, acquires no increase of rank nor change of personal title, but shall sign as commander in chief.

SECTION 3.-DUTIES IN TIME OF WAR.

286. The articles of this section will not be construed as an enumeration of all of the duties of a commander in chief in time of war, which must, for the most part, depend upon circumstances and instructions.

287. The commander in chief, when preparing his fleet or squadcaptains with in- ron for sea in time of war, shall furnish to the commanders of squadrons and divisions and captains of single ships, copies of all orders, instructions, private signals, and such other information as will enable each, so far as possible, to understand fully his duty when in action and at all other times.

To designate

manders and

288. If the Secretary of the Navy does not reserve the privilege division com- of designation, he shall select the ships in which the officers commanding squadrons or divisions shall hoist their flags or pennants, form the fleet into squadrons or divisions, and assign the officers to command them according to rank.

their ships.

To communi- 289. He shall, if possible, before going into action, communicate cate his plans to to his chief of staff, his squadron and division commanders, and those who may the captains, his secret orders, private signals, and other informacommand. tion that will materially assist them if called upon to assume chief command.

succeed him in

Concert of ac

290. If in the near vicinity of a body of United States troops or tion with mili- allies of the United States, he shall maintain, as far as possible, a tary forces. complete concert of action with its commander, and in case of an engagement assist in all ways in his power.

Each captain

battle.

291. He shall, if possible, before going into action, supply every to have plan of captain with a plan of battle and assign thereon the position each shall Occupy. Division commanders shall not change these dispositions unless it should become necessary at a time when signals or ships are obscured.

To be prepared

292. When in presence of an enemy or when there is any probafor battle when bility of an engagement, he shall keep his command prepared for in presence of an action and take every precaution against surprise.

enemy.

Display of the flag in battle.

To prevent the

293. Under no circumstances shall he commence an action or fight a battle without the display of the national ensign.

294. He shall attend personally to the destruction of his orders, capture of im- instructions, or other papers that may be of use to an enemy if he portant papers. believes they are about to be captured.

Reports after a battle.

295. (1) After a battle or action of any kind, he shall require from commanders of squadrons and divisions and from captains of ships a report of all the particulars thereof coming to their notice, including a statement of the conduct of their subordinates, with a particular mention of individual instances deserving praise or censure. He shall require captains to transmit with their reports those of their respective executive officers. He shall thereupon make a similar report to the Secretary of the Navy, although a report of a preliminary character may have been made previously.

ice or duty.

(2) He shall also require from commanders of squadrons and divi- Reports of any sions and from captains of ships, reports of any important service or important servduty they have performed at any time under his command, and he shall transmit these reports, with an indorsement of his opinion thereon, to the Secretary of the Navy.

(3) All important reports shall be accompanied by diagrams, Reports to be sketches, or other illustrations when necessary or desirable, in order accompanied by to afford a clear comprehension of the circumstances.

illustrations.

296. When troops are embarked on board any of the ships of his Troops emcommand, he shall take all necessary precaution to preserve their barked on board of ships of his health and maintain discipline. command. To protect and convoy merchant

vessels.

297. He shall afford protection and convoy, so far as it is within his power, to merchant vessels of the United States and to those of allies. 298. During a war between civilized nations with which the Duties during United States is at peace, he and all under his command shall ob- a war between serve the laws of neutrality and respect a lawful blockade, but at at peace with the the same time make every possible effort that is consistent with the United States. rules of international law to preserve and protect the lives and property of citizens of the United States wherever situated.

civilized nations

ternational law

299. When the United States is at war, he shall require all To observe the under his command to observe the rules of humane warfare and the principles of inprinciples of international law. When dealing with neutrals, he and treaty oblishall cause all under his command to observe the rules of interna- gations. tional law and the stipulation of treaties, and expect and exact a like observance from others.

SECTION 4.-INTERCOURSE WITH FOREIGNERS.

300. When not informed as to the officials present at a port vis- To ascertain ited whom it is usual to visit, or as to the interchange of other cour- the custom as to the interchange tesies, he shall send an officer of his staff to the senior representa- of courtesies. tive of the United States at the port, or in the absence of any such representative, to the highest local official, in order to inform himself.

Relations with

and consular representatives

301. (1) He shall preserve, so far as possible, the most cordial relations with the diplomatic and consular representatives of the the diplomatic United States in foreign countries and extend to them the honors, salutes, and other official courtesies to which they are entitled by of the United these regulations.

(2) He shall carefully and duly consider any request for service or other communication from any such representative.

States.

To consider their requests.

(3) Although due weight should be given to the opinions and Responsibility. advice of such representatives, a commanding officer is solely and entirely responsible to his own immediate superior for all official acts in the administration of his command.

302. He will, as a general rule, when in foreign ports, communi- Communicacate with local civil officials and foreign diplomatic and consular tions with forauthorities through the diplomatic or consular representative of the eign officials. United States on the spot.

303. In the absence of a diplomatic or consular officer of the United States at a foreign port he has authority—

(a) To exercise the powers of a consul in relation to mariners of the United States;

(b) To communicate or remonstrate with foreign civil authorities as may be necessary;

Absence of diplomatic or consular officer.

To exercise powers of a con

sul.

Territorial authority.

No armed force to be landed,

No target prac

(c) To urge upon citizens of the United States the necessity of abstaining from participation in political controversies or violations of the laws of neutrality.

304. (1) He shall exercise great care that all under his command scrupulously respect the territorial authority of foreign civilized nations in amity with the United States.

(2) No armed force for exercise, target practice, funeral escort, or other purpose shall be landed without permission from the local authorities; nor shall large bodies of men be granted leave to visit the shore without a similar permission; nor shall men be landed to capture deserters.

(3) Great-gun target practice, even at floating targets, shall not tice without per- take place within foreign territorial waters or at any point from which shots may fall therein, without permission.

mission.

Violation of

305. On occasions where injury to the United States or to citizens international thereof is committed or threatened, in violation of the principles of law and treaty international law or treaty rights, he shall consult with the diploobligations. matic representative or consul of the United States, and take such steps as the gravity of the case demands, reporting immediately to the Secretary of the Navy all the facts. The responsibility for any action taken by a naval force, however, rests wholly upon the commanding officer thereof.

Use of force.

Landing an

306. The use of force against a foreign and friendly state, or against any one within the territories thereof, is illegal. The right of self-preservation, however, is a right which belongs to states as well as to individuals, and in the case of states it includes the protection of the state, its honor, and its possessions, and the lives and property of its citizens against arbitrary violence, actual or impending, whereby the state or its citizens may suffer irreparable injury. The conditions calling for the application of the right of selfpreservation can not be defined beforehand, but must be left to the sound judgment of responsible officers, who are to perform their duties in this respect with all possible care and forbearance. In no case shall force be exercised in time of peace otherwise than as an application of the right of self-preservation as above defined. It must be used only as a last resort, and then only to the extent which is absolutely necessary to accomplish the end required. It can never be exercised with a view to inflicting punishment for acts already committed.

307. Whenever, in the application of the above-mentioned prinarmed force in ciples, it shall become necessary to land an armed force in foreign foreign territory. territory on occasions of political disturbance where the local authorities are unable to give adequate protection to life and property, the assent of such authorities, or of some one of them, shall first be obtained, if it can be done without prejudice to the interests involved.

Granting of 308. The right of asylum for political or other refugees has no asylum. foundation in international law. In countries, however, where frequent insurrections occur, and constant instability of government exists, usage sanctions the granting of asylum; but even in the waters of such countries officers should refuse all applications for asylum except when required by the interests of humanity in extreme or exceptional cases, such as the pursuit of a refugee by a mob. Officers must not directly nor indirectly invite refugees to accept asylum.

United States.

309. So far as lies within their power, commanders in chief and To protect the captains of ships shall protect all merchant vessels of the United commerce of the States in lawful occupations, and advance the commercial interests of this country, always acting in accordance with international law and treaty obligations.

Dealings with

310. He shall impress upon officers and men that when in foreign ports it is their duty to avoid all possible causes of offense to foreigners. the authorities or inhabitants; that due deference must be shown by them to the local laws, customs, ceremonies, and regulations; that in all dealings with foreigners moderation and courtesy should be displayed, and that a feeling of good will and mutual respect `should be cultivated.

SECTION 5.-SUPPLIES AND REPAIRS.

311. He shall be responsible for the economical administration Economy of the of his command.

fleet.

312. When on a foreign station he shall cause separate requisi- Supplying tions for each ship to be made on the Bureau of Supplies and Accounts ships with provionce in six months, or oftener if necessary, for stores pertaining to sions and stores. that Bureau. He shall at the same time state to what point such supplies should be shipped in each case. He shall cause requisitions on the Paymaster General for other supplies to be made to fill anticipated wants, when he deems it for the best interests of his command to do so, and having due regard for economy. Such requisitions shall be forwarded to the bureau concerned, whence they shall be transmitted to the Paymaster General for fulfillment if approved.

313. (1) He shall be very careful to limit an approved requisition Supplies of for money, either in the United States or in foreign ports, to the money. amount which will be actually required before another supply can be advantageously obtained, as shown by closely calculated estimates. He shall before leaving port inform himself as far as possible, of the probable rates of exchange and the facilities for obtaining money in places he expects to visit, and also as to the coin usually current there, in order that he may know where and for what amounts to authorize the negotiation of bills of exchange.

(2) He shall furnish the ships of his command with supplies of money so as to obviate, so far as possible, the necessity of the negotiation of bills of exchange by their captains.

Economy of

314. He shall exact economy in the consumption of fuel for steaming purposes, but he shall not refuse to permit expenditures fuel. of coal for target practice, speed trials, steaming trials, and other necessary exercises unless for other reasons than economy.

315. He shall not permit any stores, supplies, or munitions to be Disposition of disposed of otherwise than as herein provided. (See Surveys and stores, supplies, Sales.)

or munitions.

Transfer of

are about to sail

316. When in command of a foreign station he shall transfer from ships about to sail for home all supplies and stores which are stores when ships not required by them and are needed by other ships of his command, for home. and shall transfer to them, for transmission to the United States, such unserviceable stores as have been recommended to be turned into store.

Captains to re

317. He shall require captains to keep him fully informed as to the stores and supplies needed by the ships under their command, port stores reand as to the general condition of those on hand.

quired and on hand.

Requisitions 318. (1) When in command of a foreign station he shall carefully for supplies, re- scrutinize all requisitions, take into consideration the degree of pairs, and labor. necessity for obtaining whatever is required and the expenditure involved, and then only approve them when he considers it for the best interests of the Government to do so. Requisitions shall not be granted for articles in excess of allowance either in kind or quantity, except in cases of emergency or necessity.

Cost of supplies, (2) In addition to the methods provided by these regulations for repairs, and la- ascertaining, when in a foreign port, the cost of all supplies, repairs, and labor, he is authorized to ascertain the cost by such other means as he may deem suitable and proper.

bor.

Repairs in foreign ports.

Accountable for

319. In a foreign port, when any ship under his command requires slight repairs which can not be made by the mechanics of the Navy present without too much delay, he shall order a board of survey to report upon the facts, in accordance with the regulations for such surveys, and, if the emergency requires it, shall direct that the repairs be made in the manner most advantageous to the Government.

320. He will be held accountable for every disbursement of pubdisbursement of lic money or disposal of public stores made in pursuance of his order. public money ie His signature to an order, requisition, or other authority to disburse disposal of public stores. money or dispose of stores, and his approval of the same, will be considered as evidence of his complete knowledge of and accountability for the transaction.

When vessels are chartered.

321. If it is necessary to charter a vessel for any purpose, he shall have a charter party containing all the agreements of the contracting parties drawn in quadruplicate, retaining one copy, giving one to the master of the chartered vessel, forwarding the third to the Secretary of the Navy, and giving the fourth to the pay officer, to be forwarded with the bill to the Auditor for the Navy Department. Investigation 322. He shall cause investigation to be made by a court of inof all serious quiry or a board of three officers, of all serious cases of collision, damages by a court of inquiry grounding, fire, accidents to hull, spars, machinery, and boilers, or other important casualties which he may deem necessary, and forward the result in a clear, complete, and concise form, with a full statement of injuries, to the Secretary of the Navy. All such accidents, whether involving an investigation or not, shall be made the subject of report.

or board.

Officers and

SECTION 6.-PERSONNEL.

323. (1) The commander in chief on a foreign station shall cause men on foreign to be investigated all reports and charges preferred against officers stations accused and men attached to ships of his command, and if necessary bring of offenses. the accused to trial by court-martial on the station.

Precautions on

(2) When a sufficient number of officers of the requisite rank can not be obtained to form a court, then a full report of the case shall be made to the Secretary of the Navy and his action awaited.

(3) The commander in chief may, when the public good imperatively demands it, send an officer to the United States who has been guilty of acts not susceptible of trial by a court-martial. A full report of the circumstances shall be made to the Secretary of the Navy.

324. (1) Every reasonable precaution shall be taken to preserve the unhealthy sta health of crews of ships serving in malarial and unhealthy regions. Kroomen may be employed for boat duty in ships on the west coast of tropical Africa.

tions.