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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. Arson of armory, arsenal, &c.
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 victnaling 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. Arson of vessel
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.
Art. 1624. Articles established.
13. Receiving articles for freight.
14. False muster. Art.
15. Waste of public property, &c. 1. Commander's duties of supervision and correc- 16. Plundering on shore. tion.
17. Refusing to apprehend offenders. 2. Divine service.
18. Refusing to receive prisoners. 3. Irreverent behavior.
19. Absence from duty without leave. 4. Offenses punishable by death:
20. Violating general orders or regulations. 1. Mutiny,
21. Desertion in time of peace. 2. Disobedience of orders.
22. Harboring deserters. 3. Striking superior officer.
9. Officers absent without leave may be reduced. 4. Intercourse with an enemy.
10. Desertion by resignation. 5. Messages from an enemy.
11. Dealing in supplies on private account. 6. Desertion in time of war.
12. Importing dutiable goods in public vessels. 7. Deserting trust.
13. Distilled spirits only as medical stores. 8. Sleeping on watch.
14. Certain crimes of 'fraud against the United 9. Leaving station.
States. 10. Willful stranding or injury of vessel. 15, 16, and 17, under PRIZE. 11. Unlawful destruction of public property. 18. Returning fugitives from service. 12. Striking flag or treacherously yielding. 19. Enlisting deserters, minors, &c. 13. Cowardice in battle.
20. Duties of commanding officers : 14. Deserting duty in battle.
1. Men received on board. 15. Neglecting orders to prepare for battle.
2. List of officers, men, and passengers. 16. Neglecting to clear for action.
3. Deaths and desertions. 17. Neglecting to join on signal for battle.
4. Property of deceased persons. 18. Failing to encourage the men to fight.
5. Accounts of men received. 19. Failing to seek encounter.
6. Accounts of men sent from the ship. 20. Failing to afford relief in battle.
7. Inspection of provisions. 5. Spies.
8. Health of the crew. 6. Murder.
9. Attendance at final payment of the crew. 7. Imprisonment in penitentiary.
10. Articles for the government of the Navy. 8. Offenses punishable at discretion of court-mar
Punishment for offending against this tial :
article. 1. Profanity, falsehood, &c.
21. Authority of officers after loss of vessel. 2. Cruelty.
22. Offenses not specified. 3. Quarreling.
23. Offenses committed on shore. 4. Fomenting quarrels.
24. Punishments by order of commander. 5. Duels.
25. Punishment by officer temporarily commaud. 6. Contempt of superior officer.
36. Dismissal of officers.
37. Officers dismissed by President may demand 10. Preventing destruction of public property.
trial. 11. Negligent stranding.
38 to 54, under GENERAL COURTS-MARTIAL. 12. Negligence in convoy service.
55 to 60, under COURTS OF INQUIRY. Title 15, Chap. 10. SEC. 1624. The Navy of the United States shall be governed by the Articles estab
following articles : lished.
Commander's 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 rection.
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
time of war.
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 recoinmended to all officers, seamen, and others in the naval service diligently to attend at every performance of the worship of Almighty God. ART. 3. Any irreverent or unbecoming behavior during divine service Irreverent be.
havior. shall be punished as a general or summary court-martial may direct.
ART. 4. The punishment of death, or such other punishinent 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 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;
of orders. Third. Or strikes or assaults, or attempts or threatens to strike or as- Striking supesault, his superior officer while in the execution of the duties of his rior officer. office;
Fourth. Or gives any intelligence to, or bolds 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; Fifth. Or receives any message or letter from an enemy or rebel, or,
Messages from 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 ♡ ♡ Desertion in 1996–1998, CITIZENSHIP;]
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;
Sleeping on Ninth. Or leaves his station before being regularly relieved ;
tion. Tenth. Or intentionally or willfully suffers any vessel of the Navy to
Willful strand. be 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 any public property not at the time in
ession of an enemy, pirate, struction of pub
lic property. or rebel;
Twelfth. Or strikes or attempts to strike the flag to an enemy or rebel, Striking fi a g 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
battle. 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, Deserting duty others to do so;
ip battle. Fifteenth. Or does not properly observe the orders of his commanding Neglecting or
ders to preparo officer, and use his utmost exertions to carry them into execution, when
for battle. ordered to prepare for or join in, or when actually engaged in, battle, or while in sight of an enemy;
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 exer
Neglecting to tions to join in battle;
join on signal for
battle. Eighteenth. Or fails to encourage, in his own person, his inferior offi- Failing to encers and men to fight courageously;
courage the men
to fight. Nineteenth. Or does not do his utmost to overtake and capture or
Failing to seek destroy any vessel which it is his duty to encounter;
Failingtoafford Twentieth. Or does not afford all practicable relief and assistance to relief in battle.
vessels belonging to the United States or their allies when engaged in
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 au enemy or rebel, or endeavor to corrupt any person in the Navy to betray bis trust, shall suffer death, or such other punishment as a court
martial may adjudge. Murder.
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 imiu 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 Terri
tory in which the same may be situated. Offenses ishable at discre
ART. 8. Sucb punishment as a court-martial may adjudge may be intion of court-mar. flicted on any person in the Navytial. Profanity, false.
First. Who is guilty of profane swearing, falsehood, drunkenness, hood, &c.
gambling, fraud, theft, or any other scandalous conduct'tending to the
destruction of good morals; Cruelty.
Second. Or is guilty of cruelty toward, or oppression or maltreatment
of, any person subject to his orders; Quarreling. Third. Or quarrels with, strikes, or assaults, or uses provoking or
reproachful words, gestures, or menaces toward, any person in the
Navy; Fomenting Fourth. Or endeavors to foment quarrels between other persons in the quarrels. Navy ; Duels.
Fiftb. Or sends or accepts a challenge to fight a duel or acts as a
second in a duel ; Contempt 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 authority of, or lessen the respect due to, his commanding officer;
Mutinous Eighth. Or utters any seditious or mutinous words ; words. Neglect of or. Ninth. Or is negligent or careless in obeying orders, or culpably ineffi
cient in the performance of duty; Preventing de Tenth. Or does not use his best exertions to prevent the unlawful struction of pub- destruction of public property by others; lic property.
Negligent Eleventh. Or, through inattention or negligence, suffers any vessel of stranding.
the Navy to be stranded, or run upon a rock or shoal, or hazarded; Negligence in Twelfth. Or, when attached to any vessel appointed as convoy to any convoy service.
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 ; Receiving arti. Thirteenth. Or takes, receives, or permits to be received, on board the cles for freight. 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 nuster; Waste of pnb. Fifteenth. Or wastes any ammunition, provisions, or other public proplic property, &c. erty, or, having power to prevent it, knowingly permits such waste; Plundering on Sixteenth. Or, when on shore, plunders, abuses, or maltreats any in
habitant, or injures his property in any way ; Refusing to ap
Seventeenth. Or refuses, or fails to use, bis utmost exertions to detect, prehend offend- apprehend, and bring to punishment all offenders, or to aid all persons
appointed for that purpose; Refusing to re- Eighteenth. Or, when rated or acting as master-at-arms, refuses to ceive prisoners.
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 Absence from after his leave has expired ;
leave. Twentieth. Or violates or refuses obedience to any lawful general Violating genorder or regulation issued by the Secretary of the Navy;
regulations. Twenty-first. Or, in time of peace, deserts or attempts to desert, or Desertion in aids and entices others to desert; [See Ø§ 1996-1998, CITIZENSHIP ]
time of peace. Twenty-second. Or receives or entertains any deserter from any other Harboring devessel of the Navy, knowing him to be such, and does not, with all con
serters. venient 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 conimander of the squadron.
ART. 9. Any officer who absents bimself 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 sball procure stores or other Dealing in suparticles or supplies for, and dispose thereof to, the officers or enlisted plies on private
account. men on vessels of the Navy, or at navy-yards or naval stations, for his own account or benefit.
Art. 12. No person connected with the Navy shall, under any pre-. Importing dutense, import in a public vessel any article which is liable to the pay- public vessels. 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.
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-
States. Who presents or causes to be presented to any person in the civil, Presenting
false claims. military, or naval service tbereof, for approval or payment, any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent; or
Who enters into any agreement or conspiracy to defraud the United Agreement to 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 False papers. 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
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
Wbo, 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
Who, having charge, possession, custody, or control of any money or Delivering less other property of the United States, furnished or intended for the naval property than re
ceipt 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 tho truth of the statements therein contained, and with intent to defraud the United States ; or
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 Buying public Who knowingly purchases, or receives in pledge for any obligation military
or indebtedness, from any other person who is a part of or employed in erty.
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
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, be 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. ] Returning fugi.
ART. 18. If any officer or person in the paval 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. Enlisting de
ART. 19. Any officer who knowingly enlists into the naval service serters, minors,
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 o 1418, 1419,
SEAMEN, Navy.] Duties of com- ART. 20. Every commanding officer of a vessel in the Navy shall obey manding officers. the following rules :
Men received First. Whenever a man enters on board, the commanding officer shall on board.
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 passon- Navy a complete list of the rated men under his command, showing the gers.
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
auy casualty which may have happened since the last list. Deaths and de
Third. He shall cause to be accurately minuted on the ship's books sertions.
the names of any persons dying or deserting, and the times at which
sich death or desertion occurs. Property of de.
Fourth. In case of the death of any officer, man, or passenger on said ceased persons.
vessel, he shall take care that the payınaster secures all the property
of the deceased, for the benefit of his legal representatives. Accounts of Fifth. He shall not receive on board any man transferred from any other men received.
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 bis ship, for men sent from whatever cause, take care that each man is furnished with a complete the ship.
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. Inspection of Seventh. He shall cause frequent inspections to be made into the conprovisions. dition of the provisions on his ship, and use every precaution for their
preservation. Health of crew. 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 be 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.