the vessels of the United States, before the same shall be adjudged lawful prize by a competent court; but the whole, without fraud, concealment, or embezzlement, shall be brought in, and judgment passed thereon, upon pain that every person offending herein shall forfeit his share of the capture, and suffer such further punishment as a court-martial, or the court of admiralty in which the prize is adjudged, shall impose.

maltreating

for

or

Art. 9. No person in the Navy shall strip of their clothes, or pillage, or in Penalty any manner maltreat persons taken on board a prize, on pain of such punish-pillaging prisonment as a court-martial shall adjudge.

ers.

Art. 10. No person in the Navy, shall give, hold, or entertain any inter- Intercourse course or intelligence to or with any enemy or rebel, without leave from the with enemy. President of the United States, the Secretary of the Navy, the commander-inchief of the fleet, or the commander of the squadron; or, in case of a vessel acting singly, from his commanding officer, on pain of death, or such other punishment as a court-martial shall adjudge.

known.

Art. 11. If any letter or message from an enemy or rebel be conveyed to any Letter or mesofficer or private of the Navy, and he shall not within twelve hours make the sage from enesame known, having opportunity so to do, to his superior or commanding my to be made officer; or if any officer commanding a ship or vessel, being acquainted therewith, shall not, with all convenient speed, reveal the same to the commanderin-chief of the fleet, commander of a squadron, or other proper officer, whose duty it may be to take cognizance thereof, every such offender shall suffer death, or such other punishment as a court-martial shall adjudge.

Spies shall suf

Art. 12. Spies, and all persons who shall come or be found in the capacity of spies, or who shall bring or deliver any seducing letter or message from an fer death. 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 court-martial shall adjudge.

Art. 13. If any person in the Navy shall make, or attempt to make, any Mutiny and semutinous assembly, he shall, on conviction thereof by a court-martial, suffer dition. death; and if any person as aforesaid shall utter any seditious or mutinous words, or shall conceal or connive at any mutinous or seditious practices, or shall treat with contempt his superior, being in the execution of his office; or, being witness to any mutiny or sedition, shall not do his utmost to suppress it, he shall be punished at the discretion of a court-martial.

Art. 14. No officer or private in the Navy shall disobey the lawful orders of Disobedience his superior officer, or strike him, or draw, or offer to draw, or raise, any assault of a su of orders, and weapon against him while in the execution of the duties of his office, on pain perior officer. of death, or such other punishment as a court-martial shall inflict.

Art. 15. No person in the Navy shall quarrel with any other person in the Navy, nor use provoking or reproachful words, gestures, or menaces, on pain of such punishment as a court-martial shall adjudge.

Art. 16. If any person in the Navy shall desert to an enemy or rebel, he shall suffer death.

Quarreling.

Desertion.

Offenses com

Art. 17. If any person in the Navy shall desert, or shall entice others to desert, he shall suffer death, or such other punishment as a court-martial mitted on shore. shall adjudge; and if any officer, or other person belonging to the Navy, shall receive or entertain any deserter from any other vessel of the Navy, knowing him to be such, and shall 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, he shall, on conviction thereof, be cashiered, or be punished at the discretion of a court-martial. All offenses committed by persons belonging to the Navy while on shore, shall be punished in the same manner as if they had been committed at sea.

the United States.

Art. 18. If any person in the Navy shall knowingly make or sign, or shall Frauds against aid, abet, direct, or procure, the making or signing, of any false muster, or shall execute, or attempt, or countenance, any fraud against the United States, he shall, on conviction, be cashiered, and rendered forever incapable of any future employment in the service of the United States, and shall forfeit all the pay and subsistence due him, and suffer such other punishment as a courtmartial shall inflict. Art. 19. If any officer, or other person, in the Navy, shall, through inatten- Improper navigation of vestion, negligence, or any other fault, suffer any vessel of the Navy to be stranded, g or run upon rocks or shoals, or hazarded, he shall suffer such punishment as a court-martial shall adjudge.

Art. 20. If any person in the Navy shall sleep upon his watch, or negli- Negligence in gently perform the duty assigned him, or leave his station before regularly the performance relieved, he shall suffer death, or such punishment as a court-martial shall of duty.

Murder.

Duties in relation to voy.

adjudge; or, if the offender be a private, he may, at the discretion of the captain, be put in irons, or flogged not exceeding twelve lashes.

Art. 21. The crime of murder, when committed by any officer, seaman, or marine, belonging to any public ship, or vessel of the United States, without the territorial jurisdiction of the same, may be punished with death by the sentence of a court-martial.

Art. 22. The officers and privates of every ship or vessel appointed as concon- voy to merchant or other vessels, shall diligently and faithfully discharge the duties of their appointment, nor shall they demand or exact any compensation for their services, nor maltreat any of the officers or crew of such merchant or other vessels, on pain of making such reparation as a court of admiralty may award, and of suffering such further punishment as a court-martial shall adjudge.

Penalty for re- Art. 23. If any commander or other officer shall receive, or permit to be ceiving mer- received, on board his vessel, any goods or merchandise, other than for the chandise, &c., sole use of his vessel, except gold, silver, or jewels, and except the goods or

on board.

Waste, embez

public property.

merchandise of vessels which may be in distress, or shipwrecked, or in imminent danger of being shipwrecked, in order to preserve them for their owners, without orders from the President of the United States or the Navy Department, he shall, on conviction thereof, be cashiered, and be incapacitated forever afterwards for any place or office in the Navy.

Art. 24. If any person in the Navy shall waste, embezzle, or fraudulently zlement, &c., of buy, sell, or receive, any ammunition, provisions, or other public stores; or if any officer or other person shall, knowingly, permit, through design, negligence, or inattention, any such waste, embezzlement, sale, or receipt, every such person shall forfeit all the pay and subsistence then due him, and suffer such further punishment as a court-martial shall direct.

property.

Burning or de- Art. 25. If any person in the Navy shall unlawfully set fire to or burn any stroying public kind of public property, not then in the possession of an enemy, pirate, or rebel, he shall suffer death; and if any person shall, in any other manner, destroy such property, or shall not use his best exertions to prevent the destruction thereof by others, he shall be punished at the discretion of a court

Theft.

martial.

Art. 26. Any theft, not exceeding twenty dollars, may be punished at the discretion of the captain; and above that sum, as a court-martial shall direct. Art. 27. If any person in the Navy shall, when on shore, plunder, abuse, against people or maltreat, any inhabitant, or injure his property in any way, he shall suffer such punishment as a court-martial shall adjudge.

Offenses

on shore.

Detection and

Art. 28. Every person in the Navy shall use his utmost exertions to detect, apprehension of apprehend, and bring to punishment, all offenders, and shall, at all times, aid and assist all persons appointed for this purpose, on pain of such punishment as a court-martial shall adjudge.

offenders.

Muster-rolls.

Art. 29. Each commanding officer shall, whenever a seaman enters on board, cause an accurate entry to be made in the ship's books of his name, time, and term of service; and, before sailing, transmit to the Secretary of the Navy a complete list or muster roll of the officers and men under his command, with the date of their entering, time and terms of their service annexed; and shall cause similar lists to be made out on the first day of every second month, to be transmitted to the Secretary of the Navy, as opportunities shall occur; accounting in such lists, or muster-rolls, for any casualties which may have taken place since the last list or muster-roll. He shall cause to be accurately minuted on the ship's books the names of, and times at which any death or desertion may occur; and in case of death, shall take care that the purser secure all the property of the deceased for the benefit of his legal representative or represenInspection of tatives. He shall cause frequent inspections to be made into the condition of the provisions, and use every precaution for its preservation. He shall, whenand ever he orders officers and men to take charge of a prize, and proceed to the men detached United States, and whenever officers or men are sent from his ship for whatfrom vessel to be ever cause, take care that each man be furnished with a complete statement of state- account, specifying the date of his enlistment, and the periods and terms of his service; which account shall be signed by the commanding officer and be purser. He shall cause the rules for the government of the Navy to be hung and up in some public part of the ship, and read once a month to his ships company. He shall cause a convenient place to be set apart for sick or disabled Treatment of men, to which he shall have them removed, with their hammocks and bedding, when the surgeon shall so advise, and shall direct that some of the crew attend them and keep the place clean; and, if necessary, shall direct that cradles, and

provisions. Officers

furnished with

certain

ments.

Rules

to hung up read.

sick.

his

buckets with covers, be made for their use; and when his crew is finally paid Paying off off, he shall attend in person, or appoint a proper officer, to see that justice be crew. done to the men, and to the United States, in the settlement of the accounts. Any commanding officer offending herein, shall be punished at the discretion of a court-martial,

Art. 30. No commanding officer shall, of his own authority, discharge a commissioned or warrant officer, nor strike nor punish him otherwise than by suspension or confinement, nor shall he, of his own authority, inflict a punishment on any private beyond twelve lashes, with a cat-of-nine-tails, nor shall he suffer any wired, or other than a plain cat-of-nine-tails, to be used on board his ship; nor shall any officer who may command by accident, or in the absence of the commanding officer, (except such commander be absent for a time by leave,) order or inflict any other punishment than confinement, for which he shall account on the return of such absent commanding officer. Nor shall any commanding officer receive on board any petty officers or men, turned over from any other vessel to him, unless each of such officers or men produce to him an account, signed by the captain and purser of the vessel from which they came, specifying the date of such officer's or man's entry, the period and terms of service, the sums paid, and the balance due him, and the quality in which he was rated on board such ship. Nor shall any commanding officer, having received any petty officer or man as aforesaid, rate him in a lower or worse station than that in which he formerly served. Any commanding officer offending herein shall be punished at the discretion of a court-martial.

Treatment of

inferior officers and men.

Master-at

Art. 31. Any master-at-arms, or other person of whom the duty of masterat-arms is required, who shall refuse to receive such prisoners as shall be com- arms. mitted to his charge, or, having received them, shall suffer them to escape, or dismiss them without orders from proper authority, shall suffer in such prisoners' stead, or be punished otherwise at the discretion of a court-martial. Art. 32. All crimes committed by persons belonging to the Navy, which are not specified in the foregoing articles, shall be punished according to the laws specified. and customs in such cases at sea.

Crimes not

Art. 33. All officers not holding commissions or warrants, or who are not Who are petty entitled to them, except such as are temporarily appointed to the duties of a officers. commissioned or warrant officer, are deemed petty officers.

money.

Art. 34. Any person entitled to wages or prize money may have the same Assignment of paid to his assignee, provided the assignment be attested by the captain and wages and prize purser; and in case of the assignment of wages, the power shall specify the precise time they commence. But the commander of every vessel is required to discourage his crews from selling any part of their wages or prize money, and never to attest any power of attorney, until he is satisfied that the same is not granted in consideration of money given for the purchase of wages or prize

money.

NAVAL GENERAL COURTS-MARTIAL.

Art. 35. General courts-martial may be convened as often as the President Appointment of the United States, the Secretary of the Navy, or commander-in-chief of the of naval general fleet, or commander of a squadron, while acting out of the United States, shall courts-martiai. deem it necessary: Provided, That no general court-martial shall consist of more than thirteen, nor less than five members, and as many officers shall be summoned on every such court as can be convened without injury to the service, so as not to exceed thirteen, and the senior officer shall always preside, the others ranking agreeably to the date of their commission; and in no case where it can be avoided without injury to the service, shall more than one half the members, exclusive of the president, be junior to the officer to be tried.

Art. 36. Each member of the court, before proceeding to trial, shall take the Oath of memfollowing oath or affirmation, which the judge advocate, or person officiating bers of court. as such, is hereby authorized to administer:

"I, A B, do swear [or affirm] that I will truly try, without prejudice or partiality, the case now depending, according to the evidence which shall come before the court, the rules for the government of the Navy, and my own conscience; and that I will not by any means divulge or disclose the sentence of the court, until it shall have been approved by the proper authority, nor will I at any time divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice in due course of law.

This oath or affirmation being duly administered, the president is authorized

Oath of judge advocate.

All testimonyto

cation, or con

tempt. Perjury.

and required to administer the following oath or affirmation to the judge advocate, or person officiating as such:

"I, A B, do swear [or affirm] that I will keep a true record of the evidence given to and the proceedings of this court; nor will I divulge or by any means disclose the sentence of the court until it shall have been approved by the proper authority; nor will I, at any time, divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice in due course of law.

Art. 37. All testimony given to a general court-martial shall be on oath or be on oath, &c. affirmation, which the president of the court is hereby authorized to administer; Punishment and if any person shall refuse to give his evidence as aforesaid, or shall pretor refusing to varicate, or shall behave with contempt to the court, it shall and may be lawtestify, prevari- ful for the court to imprison such offender at their discretion: Provided, That the imprisonment in no case shall exceed two months. And every person who shall commit willful perjury on examination on oath or affirmation before such court, or who shall corruptly procure, or suborn, any person to commit such willful perjury, shall and may be prosecuted by indictment or information in any court of justice of the United States, and shall suffer such penalties as are authorized by the laws of the United States in cases of perjury, or the subornation thereof. And in every prosecution for perjury, or the subornation thereof, under this act, it shall be sufficient to set forth the offense charged on the defendant, without setting forth the authority by which the court was held, or the particular matters brought or intended to be brought, before the said

Exhibition of charges.

copy.

court.

Art. 38. All charges on which an application for a general court-martial is founded shall be exhibited in writing to the proper officer, and the person Accused to be demanding the court shall take care that the person accused be furnished with furnished with a a true copy of the charges, with the specifications, at the time he is put under arrest; nor shall any other charges, than those so exhibited, be urged against the person to be tried before the court, unless it appear to the court that intelligence of such charge had not reached the person demanding the court, when when the person so to be tried was put under arrest, or that some witness material to the support of such charge, who was at that time absent, can be produced; in which case reasonable time shall be given to the person to be tried Treatment of to make his defense against such new charge. Every officer so arrested is to ar deliver up his sword to his commanding officer, and to confine himself to the limits assigned him, under pain of dismission from service.

an otheer rested.

Continuance of

martial.

Art. 39. When the proceedings of any general court-martial shall have comgeneral courts- menced, they shall not be suspended or delayed on account of the absence of any of the members, provided five or more be assembled; but the court is enjoined to sit from day to day, Sundays excepted, until sentence be given. And no member of said court shall, after the proceedings are begun, absent himself therefrom, unless in case of sickness, or orders to go on duty from a superior officer, on pain of being cashiered.

Pay and emolaments may be suspended.

How sentences

Art. 40. Whenever a court-martial shall sentence an officer to be suspended, the court shall have the power to suspend his pay and emoluments for the whole, or any part of the time of his suspension.

Art. 41. All sentences of courts-martial which shall extend to the loss of life, are to be given shall require the concurrence of two-thirds of the members present; and no and confirmed. such sentence shall be carried into execution until confirmed by the President of the United States; or if the trial take place out of the United States, until it be confirmed by the commander of the fleet or squadron. All other sentences may be determined by a majority of votes, and carried into execution on confirmation of the commander of the fleet, or officer ordering the court, except such as go to the dismission of a commissioned or warrant officer, which are first to be approved by the President of the United States.

Not more than hundred one

lashes to be inflicted, except. Pardon and mitigation of of

fenses.

Courts of inquiry.

A court-martial shall not, for any one offense not capital, inflict a punishment beyond one hundred lashes.

Art. 42. The President of the United States, or, when the trial takes place out of the United States, the commander of the fleet or squadron shall possess full power to pardon any offense committed against these articles, after conviction, or to mitigate the punishment decreed by a court-martial.

SEC. 2. Art. 1. And be it further enacted, That the courts of inquiry may be ordered by the President of the United States, the Secretary of the Navy, or the commander of a fleet or squadron, provided such court shall not consist of more than three members, who shall be commissioned officers, and a judge advocate, or person to do duty as such; and such courts shall have power to summon witnesses, administer oaths, and punish contempt, in the same manner as

courts-martial. But such court shall merely state facts, and not give their opinion, unless expressly required so to do in the order for convening; and the party whose conduct shall be the subject of inquiry, shall have permission to cross-examine all the witnesses.

ted.

Art. 2. The proceedings of courts of inquiry shall be authenticated by the Proceedings to signature of the president of the court and judge advocate, and shall, in all be authenticacases not capital, or extending to the dismission of a commissioned or warrant officer, be evidence before a court-martial, provided oral testimony cannot be obtained.

Art. 3. The judge advocate, or person officiating as such, shall administer Oaths. to the members the following oath or affirmation:

"You do swear [or affirm] well and truly to examine and inquire, according to the evidence, into the matter now before you, without partiality or pre judice."

After which the president shall administer to the judge advocate, or person officiating as such, the following oath or affirmation:

"You do swear, [or affirm,] truly to record the proceedings of this court,

and the evidence to be given in the case in hearing."

SEC. 3. And be it further enacted, That in all cases where the crews of the In cases of ships or vessels of the United States shall be separated from their vessels, by shipwreck. the latter being wrecked, lost, or destroyed, all the command, power, and authority given to the officers of such ships or vessels shall remain and be in full force as effectually as if such ship or vessel were not so wrecked, lost, or destroyed, until such ship's company be regularly discharged from, or ordered again into, the service, or until a court-martial shall be held to inquire into the loss of such ship or vessel; and if, by the sentence of such court, or other satisfactory evidence, it shall appear that all or any of the officers and men of such ship's company did their utmost to preserve her, and after the loss thereof behaved themselves agreeably to the discipline of the Navy, then the pay and emoluments of such officers and men, or such of them as shall have done their duty as aforesaid, shall go on until their discharge or death; and every officer or private who shall, after the loss of such vessel, act contrary to the discipline of the Navy, shall be punished, at the discretion of a court-martial, in the same manner as if such vessel had not been so lost.

tinue, &c.

SEC. 4. And be it further enacted, That all the pay and emoluments of such In case of capofficers and men, of any of the ships or vessels of the United States taken by ture by the enean enemy, who shall appear by the sentence of a court-martial, or otherwise, my pay to conto have done their utmost to preserve and defend their ship or vessel, and after taking thereof, have behaved themselves obediently to their superiors, agreeably to the discipline of the Navy, shall go on, and be paid them until their death, exchange, or discharge.

of

SEC. 5. And be it further enacted, That the proceeds of all ships and vessels, To whom the and the goods taken on board of them, which shall be adjudged good prize, proceeds shall, when of equal or superior force to the vessel or vessels making the cap- prizes shall acture, be the sole property of the captors; and when of inferior force, shall be divided equally between the United States and the officers and men making the capture.

crue.

SEC. 6. And be it further enacted, That the prize money belonging to the offi- Distribution of cers and men shall be distributed in the following manner:

1. To the commanding officers of fleets, squadrons, or single ships, three twentieths, of which the commanding officer of the fleet or squadron shall have one twentieth, if the prize be taken by a ship or vessel acting under his command, and the commander of single ships two twentieths; but where the prize is taken by a ship acting independently of such superior officer, the three twentieths shall belong to her commander.

2. To sea lieutenants, captains of marines, and sailing-masters, two twentieths; but where there is a captain without a lieutenant of marines, these officers shall be entitled to two twentieths and one third of a twentieth, which third, in such case, shall be deducted from the share of the officers mentioned in article No. 3 of this section.

3. To chaplains, lieutenants of marines, surgeons, pursers, boatswains, gunners, carpenters, and masters' mates, two twentieths.

4. To midshipmen, surgeons' mates, captains' clerks, schoolmasters, boatswains' mates, gunners' mates, carpenters' mates, ships' stewards, sailmakers, masters-at-arms, armorers, cockswains, and coopers, three twentieths and a

half.

5. To gunner's yeomen, boatswain's yeomen, quartermasters, quarter gun

prize money.