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Arson of armory, arsenal, &c.

Arson of vessel of war.

Sec.

jurisdiction, willfully and maliciously burns any dwelling-house, or mansion-house, or any store, barn, stable, or other building, parcel of any dwelling or mansion-house, shall suffer death.

SEC. 5386. Every person who, in any of the places mentioned in the preceding section, maliciously sets fire to, or burns, any arsenal, armory, magazine, rope-walk, ship-house, warehouse, block-house, or barrack, or any store-house, barn, or stable, not parcel of a dwelling-house, or any other building not mentioned in such section, or any vessel built, or begun to be built, or repairing, or any light-house, or beacon, or any timber, cables, rigging, or other materials for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years.

SEC. 5387. Every person who maliciously sets on fire, or burns, or otherwise destroys, any vessel of war of the United States, afloat on the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular State, shall suffer death.

ARTICLES FOR THE GOVERNMENT OF THE NAVY.

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10. Preventing destruction of public property.

11. Negligent stranding.

12. Negligence in convoy service.

Art.

13. Receiving articles for freight.
14. False muster.

15. Waste of public property, &c.
16. Plundering on shore.

17. Refusing to apprehend offenders.
18. Refusing to receive prisoners.

19. Absence from duty without leave.

20. Violating general orders or regulations. 21. Desertion in time of peace.

22. Harboring deserters.

9. Officers absent without leave may be reduced.

10. Desertion by resignation.

11. Dealing in supplies on private account.

12. Importing dutiable goods in public vessels.

13. Distilled spirits only as medical stores.

14. Certain crimes of fraud against the United

States.

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Title 15, Chap. 10. SEC. 1624. The Navy of the United States shall be governed by the Articles estab. following articles:

lished.

Commander's

vision and cor.

rection.

ARTICLE 1. The commanders of all fleets, squadrons, naval stations, duty of super- and vessels belonging to the Navy, are required to show in themselves a good example of virtue, honor, patriotism, and subordination; to be vigilant in inspecting the conduct of all persons who are placed under their command; to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them; and any such commander

who offends against this article shall be punished as a court-martial may direct.

ART. 2. The commanders of vessels and naval stations to which chap- Divine service. lains are attached shall cause divine service to be performed on Sunday, whenever the weather and other circumstances allow it to be done; and it is earnestly recommended to all officers, seamen, and others in the naval service diligently to attend at every performance of the worship of Almighty God.

Irreverent be

havior.

ART. 3. Any irreverent or unbecoming behavior during divine service shall be punished as a general or summary court-martial may direct. ART. 4. The punishment of death, or such other punishment as a Offenses pun. court-martial may adjudge, may be inflicted on any person in the naval ishable by death. service

First. Who makes, or attempts to make, or unites with any mutiny or mutinous assembly, or, being witness to or present at any mutiny, does not do his utmost to suppress it; or, knowing of any mutinous assembly or of any intended mutiny, does not immediately communicate his knowledge to his superior or commanding officer;

Second. Or disobeys the lawful orders of his superior officer;

Mutiny.

Disobedience of orders. Striking supe

Third. Or strikes or assaults, or attempts or threatens to strike or assault, his superior officer while in the execution of the duties of his rior officer. office;

Fourth. Or gives any intelligence to, or holds or entertains any inter- Intercourse course with, an enemy or rebel, without leave from the President, the with an enemy. Secretary of the Navy, the commander-in-chief of the fleet, the commander of the squadron, or, in case of a vessel acting singly, from his commanding officer;

Messages from

Fifth. Or receives any message or letter from an enemy or rebel, or, being aware of the unlawful reception of such message or letter, fails an enemy. to take the earliest opportunity to inform his superior or commanding officer thereof;

Sixth. Or, in time of war, deserts or entices others to desert; [See §§ 1996-1998, CITIZENSHIP ;]

Desertion in time of war.

Seventh. Or, in time of war, deserts or betrays his trust, or entices or Deserting trust. aids others to desert or betray their trust;

Eighth. Or sleeps upon his watch;

Ninth. Or leaves his station before being regularly relieved;

Sleeping on

watch.

Leaving station.

vessel.

Tenth. Or intentionally or willfully suffers any vessel of the Navy to Willful strandbe stranded, or run upon rocks or shoals, or improperly hazarded; or ing or injury of maliciously or willfully injures any vessel of the Navy, or any part of her tackle, armament, or equipment, whereby the safety of the vessel is hazarded or the lives of the crew exposed to danger; Eleventh. Or unlawfully sets on fire, or otherwise unlawfully destroys, Unlawful deany public property not at the time in possession of an enemy, pirate, struction of public property. or rebel; Twelfth. Or strikes or attempts to strike the flag to an enemy or rebel, Striking flag without proper authority, or, when engaged in battle, treacherously or treacherously yields or pusillanimously cries for quarters;

Thirteenth. Or, in time of battle, displays cowardice, negligence, or disaffection, or withdraws from or keeps out of danger to which he should expose himself;

Fourteenth. Or, in time of battle, deserts his duty or station, or entices others to do so;

Fifteenth. Or does not properly observe the orders of his commanding officer, and use his utmost exertions to carry them into execution, when ordered to prepare for or join in, or when actually engaged in, battle, or while in sight of an enemy;

yielding.

Cowardice in battle.

Deserting duty

in battle.

Neglecting or

ders to prepare for battle.

Sixteenth. Or, being in command of a fleet, squadron, or vessel acting Neglecting to singly, neglects, when an engagement is probable, or when an armed clear for action. vessel of an enemy or rebel is in sight, to prepare and clear his ship or ships for action;

Seventeenth. Or does not, upon signal for battle, use his utmost exertions to join in battle;

Eighteenth. Or fails to encourage, in his own person, his inferior officers and men to fight courageously;

Nineteenth. Or does not do his utmost to overtake and capture or destroy any vessel which it is his duty to encounter;

Neglecting to join on signal for battle.

Failing to encourage the men to fight. Failing to seek

encounter.

Failing to afford relief in battle.

Spies.

Murder.

Twentieth. Or does not afford all practicable relief and assistance to vessels belonging to the United States or their allies when engaged in battle..

ART. 5. All persons who, in time of war, or of rebellion against the supreme authority of the United States, come or are found in the capacity of spies, or who bring or deliver any seducing letter or message from an enemy or rebel, or endeavor to corrupt any person in the Navy to betray his trust, shall suffer death, or such other punishment as a courtmartial may adjudge.

ART. 6. If any person belonging to any public vessel of the United States commits the crime of murder without the territorial jurisdiction' thereof, he may be tried by court-martial and punished with death. Imprisonment ART. 7. A naval court-martial may adjudge the punishment of imin a penitentiary. prisonment for life, or for a stated term, at hard labor, in any case where it is authorized to adjudge the punishment of death; and such sentences of imprisonment and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, or which the United States may be allowed, by the legislature of any State, to use; and persons so imprisoned in the prison or penitentiary of any State or Territory shall be subject, in all respects, to the same discipline and treatment as convicts sentenced by the courts of the State or Territory in which the same may be situated.

Offenses punishable at discre

ART. 8. Such punishment as a court-martial may adjudge may be intion of court-mar- flicted on any person in the Navy

tial.

Profanity, false

hood, &c.

Cruelty.

Quarreling.

Fomenting quarrels.

Duels.

Contempt of

First. Who is guilty of profane swearing, falsehood, drunkenness, gambling, fraud, theft, or any other scandalous conduct tending to the destruction of good morals;

Second. Or is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders;

Third. Or quarrels with, strikes, or assaults, or uses provoking or reproachful words, gestures, or menaces toward, any person in the Navy;

Fourth. Or endeavors to foment quarrels between other persons in the Navy;

Fifth. Or sends or accepts a challenge to fight a duel or acts as a second in a duel;

Sixth. Or treats his superior officer with contempt, or is disrespectful superior officer. to him in language or deportment, while in the execution of his office; Combinations Seventh. Or joins in or abets any combination to weaken the lawful against superior officer. authority of, or lessen the respect due to, his commanding officer; Eighth. Or utters any seditious or mutinous words;

Mutinous

words.

Neglect of or

ders.

Preventing de

Ninth. Or is negligent or careless in obeying orders, or culpably inefficient in the performance of duty;

Tenth. Or does not use his best exertions to prevent the unlawful

struction of pub- destruction of public property by others;

lic property. Negligent stranding.

Negligence in convoy service.

Receiving articles for freight.

False muster.

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Eleventh. Or, through inattention or negligence, suffers any vessel of the Navy to be stranded, or run upon a rock or shoal, or hazarded; Twelfth. Or, when attached to any vessel appointed as convoy to any merchant or other vessels, fails diligently to perform his duty, or demands or exacts any compensation for his services, or maltreats the officers or crews of such merchant or other vessels;

Thirteenth. Or takes, receives, or permits to be received, on board the vessel to which he is attached, any goods or merchandise, for freight, sale, or traffic, except gold, silver, or jewels, for freight or safe-keeping; or demands or receives any compensation for the receipt or transportation of any other article than gold, silver, or jewels, without authority from the President or Secretary of the Navy;

Fourteenth. Or knowingly makes or signs, or aids, abets, directs, or procures the making or signing of, any false muster;

Fifteenth. Or wastes any ammunition, provisions, or other public property, or, having power to prevent it, knowingly permits such waste; Sixteenth. Or, when on shore, plunders, abuses, or maltreats any inhabitant, or injures his property in any way;

Seventeenth. Or refuses, or fails to use, his utmost exertions to detect, prehend offend apprehend, and bring to punishment all offenders, or to aid all persons appointed for that purpose;

ers.

Refusing to receive prisoners.

Eighteenth. Or, when rated or acting as master-at-arms, refuses to receive such prisoners as may be committed to his charge, or, having

received them, suffers them to escape, or dismisses them without orders from the proper authority;

Nineteenth. Or is absent from his station or duty without leave, or after his leave has expired;

Twentieth. Or violates or refuses obedience to any lawful general order or regulation issued by the Secretary of the Navy;

Twenty-first. Or, in time of peace, deserts or attempts to desert, or aids and entices others to desert; [See §§ 1996-1998, CITIZENSHIP ] Twenty-second. Or receives or entertains any deserter from any other vessel of the Navy, knowing him to be such, and does not, with all convenient speed, give notice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron.

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ART. 9. Any officer who absents himself from his command without Officer absent leave may, by the sentence of a court-martial, be reduced to the rating without leave of an ordinary seaman. may be reduced.

ART. 10. Any commissioned officer of the Navy or Marine Corps who, Desertion by having tendered his resignation, quits his post or proper duties without resignation. leave, and with intent to remain permanently absent therefrom, prior

to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter.

ART. 11. No person in the naval service shall procure stores or other Dealing in suparticles or supplies for, and dispose thereof to, the officers or enlisted plies on private men on vessels of the Navy, or at navy-yards or naval stations, for his own account or benefit.

account.

ART. 12. No person connected with the Navy shall, under any pre-Importing du tense, import in a public vessel any article which is liable to the pay- public vessels. tiable goods in ment of duty.

ART. 13. Distilled spirits shall be admitted on board of vessels of war Distilled spirits only upon the order and under the control of the medical officers of such only as medical vessels, and to be used only for medical purposes.

stores.

ART. 14. Fine and imprisonment, or such other punishment as a court- Certain crimes martial may adjudge, shall be inflicted upon any person in the naval of fraud against

service of the United States

Who presents or causes to be presented to any person in the civil, military, or naval service thereof, for approval or payment, any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent; or

the United States.

Presenting

false claims.

Agreement to obtain payment

Who enters into any agreement or conspiracy to defraud the United States by obtaining, or aiding others to obtain, the allowance or pay- of false claims. ment of any false or fraudulent claim; or

Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or against any officer thereof, makes or uses, or procures or advises the making or use of, any writing, or other paper, knowing the same to contain any false or fraudulent statement; or

False papers.

Who, for the purpose of obtaining, or aiding others to obtain, the Perjury. approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the making of, any oath to any fact or to any writing or other paper, knowing such oath to be false; or

Who, for the purpose of obtaining, or aiding others to obtain, the Forgery. approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging or counterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of, any such signature, knowing the same to be forged or counterfeited; or

Delivering less

Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the naval property than receipt calls for. service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or Who, being authorized to make or deliver any paper certifying the Giving receipts receipt of any money or other property of the United States, furnished without knowing or intended for the naval service thereof, makes, or delivers to any person, such writing, without having full knowledge of the truth of the statements therein contained, and with intent to defraud the United States; or

truth of.

Stealing, wrong

Who steals, embezzles, knowingly and willfully misappropriates, apfully selling, &c. plies to his own use or benefit, or wrongfully and knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money or other property of the United States, furnished or intended for the military or naval service thereof; or

military

erty.

prop

Buying public Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any other person who is a part of or employed in said service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other property of the United States, such other person not having lawful right to sell or pledge the same; or

Returning fugi

Who executes, attempts, or countenances any other fraud against the United States.

And if any person, being guilty of any of the offenses described in this article while in the naval service, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial, in the same manner and to the same extent as if he had not received such discharge nor been dismissed. [See Articles 15, 16, and 17 under PRIZE. ]

ART. 18. If any officer or person in the naval service employs any of tives from serv- the forces under his command for the purpose of returning any fugitive from service or labor, he shall be dismissed from the service.

ice.

Enlisting deserters, minors, &c.

Duties of com

ART. 19. Any officer who knowingly enlists into the naval service any deserter from the naval or military service of the United States, or any insane or intoxicated person, or any minor between the ages of sixteen and eighteen years, without the consent of his parents or guardian, or any minor under the age of sixteen years, shall be dishonorably dismissed from the service of the United States. [See §§ 1418, 1419, SEAMEN, NAVY.]

ART. 20. Every commanding officer of a vessel in the Navy shall obey manding officers. the following rules: Men received

on board.

gers.

First. Whenever a man enters on board, the commanding officer shall cause an accurate entry to be made in the ship's books, showing his name, the date, place, and term of his enlistment, the place or vessel from which he was received on board, his rating, his descriptive list, his age, place of birth, and citizenship, with such remarks as may be neces

sary.

List of officers, Second. He shall, before sailing, transmit to the Secretary of the men, and passen- Navy a complete list of the rated men under his command, showing the particulars set forth in rule one, and a list of officers and passengers, showing the date of their entering. And he shall cause similar lists to be made out on the first day of every third month and transmitted to the Secretary of the Navy as opportunities occur, accounting therein for any casualty which may have happened since the last list.

Deaths and desertions.

Property of deceased persons.

Accounts of men received.

Third. He shall cause to be accurately minuted on the ship's books the names of any persons dying or deserting, and the times at which such death or desertion occurs.

Fourth. In case of the death of any officer, man, or passenger on said vessel, he shall take care that the paymaster secures all the property of the deceased, for the benefit of his legal representatives.

Fifth. He shall not receive on board any man transferred from any other vessel or station to him, unless such man is furnished with an account, signed by the captain and paymaster of the vessel or station from which he came, specifying the date of his entry on said vessel or at said station, the period and term of his service, the sums paid him, the balance due him, the quality in which he was rated, and his descriptive list. Sixth. He shall, whenever officers or men are sent from his ship, for men sent from whatever cause, take care that each man is furnished with a complete statement of his account, specifying the date of his enlistment, the period and term of his service, and his descriptive list. Said account shall be signed by the commanding officer and paymaster.

Accounts

the ship.

of

Inspection of provisions.

Health of crew.

Seventh. He shall cause frequent inspections to be made into the condition of the provisions on his ship, and use every precaution for their preservation.

Eighth. He shall frequently consult with the surgeon in regard to the sanitary condition of his crew, and shall use all proper means to preserve their health. And he shall cause a convenient place to be set apart for sick or disabled men, to which he shall have them removed, with their hammocks and bedding, when the surgeon so advises, and shall direct that some of the crew attend them and keep the place clean.

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