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Mail matter, etc..

406-411 Postage, mail matter, etc..... 406-411

Maiminy, punishment for. 313-347 Presents, etc

268-271

Marine Corps...

110-159 Printing, public..

235-245

Forage, fuel, quarters, etc .. 156-159 Prize, prize money, etc

412-421

Organization, etc.

140-146 Prizes. prize money

412-421

Pay; rations, and mileage of. 149–156 Professors of mathematics

102-103

Retirement

146-119 Promotion or advancement in the

Mates, rating, etc

65 Navy

103-107

Mathematics, professors of...... 102-103 Public documents, public print-

Melical Corps, appointment in,

ing and binding

235-245

etc...

65-69 Public or department records ... 245-248

Merchant vessels and service,

Public property, buildings and

Fachts ...

322-313 grounds.

249-250

Miscellaneous provisions 21-23-268 Public property, use of, sale of .. 251-261

Money, public...

159-229 Quarantine and board of health. 421-428

Murder, manslangbter, maiming.

Railroads and telegraphs 428-132

inutiny, etc

313-317 Rank and precedence..

108-113

Mutiny, punishment for

313-317 Rations, etc

113-115

National Home for Volunteer Sol-

Rebellion, etc

448-153

diers and Sailors

57-58 | Records, clepartmental.

245-248

Naturalization

347-319 Reserved timber lands..

432-436

Naturalization, citizenship 317-319 Retirement, pay, etc

116-121

Nautical Almanac..

69 Revenne-Cutter Service, rank in,

Naval Academy, naval cadets... 70-77 etc......

436-439
Naval constructors, etc...
77-78 Revised Statutes

261-267

Naval observatory

79 Salary, extra, etc.

99-100

Naval storekeepers

79-80 Sale of public property and mate-

Navy Department, Secretaries

rials

257-261

and Bureaus..

229-235 Seamen in the Navy, apprentices,
Navy-yards and stations..... 80-81 etc....

123-130, 322–333
Neutrality, alien enemies, etc ... 351-360 Secretaries and clerks

121-123

Alien enemies.

359-360 Slave trade, kidnaping, cooly

International convention,

trade, etc

410-448

amelioration of wounded,

Statutes, Revised and at Large.. 261-267

etc..

355-359 Timber lands reserved for Navy. 432-436

Patents and patented articles ... 360–361 Traveling expenses .

100-101

Pay and allowances

89-101 Treason, rebellion, conspiracy,

Pay Corps...

81-89 and insurrection.

448-453

Peusion funds, naval

379-384 Vessels of the Navy, officers, etc. 130–137

Pension laws, naval.

385-399 Volunteer service, naval.

137

Pensions, Nary

362-379 Warrant officers, number and

Perjury, punishment for, etc 399-400 appointment of, etc

138-139

Pilots, pilotage, regulations, etc. 404-405 Weights and measures

224-229

Piracy, robbery

400-404 Yachts

312-313

1

ARTICLES FOR THE GOVERNMENT OF THE NAVY.

54.

Articles for the government of the Nary; ! General courts-martial-Continued.

see. 1624, 600.

Sentences of -

Authority of officers after loss of vessel,

How determined, art. 50,

art. 21.

Remission and mitigation of, art.

Commanding officers, duties of, art. 20.

Commander's duties of supervision and Trials to be within two years of com-

control, art. 1.

mitting offense, art. 61.

Courts of inquiry, art. 55.

For desertion in time of peace,

By whom ordered, art. 55.

art. 62.

Constitution of, art. 56.

Provided, time limit to run from

Oath of members and judge-advocate

end of term, ibid.

of, art. 58.

Witnesses examined in absence of

Powers of, art. 57.

member, art. 47.

Proceedings of, how authenticatel Importing goods in public ressels, art. 12.

and used as evidence, art. 60. Imprisonment in penitentiary, art. 7.

Rights of party inquired of, art. 59. Irreverent bebavior, art. 3.

Trials to lo within two years of com Maltreating persons taken on a prize, art.

mitting offense art. 61.

17.

Trials for desertion in time of peace, Murder, art. 6.

art. 62.

Officers absent without leave may be re-

Martial, general summary:

duced, art. 9.

Crimes, certain, of fraud against the Offenses :

United States, art. 14.

Punishable by leath, art. 4.

Dealing in supplies on private account, Committed on shore, art. 23.

art. 11.

Not specified, art. 22.

Desertion by resignation, art. 10.

Punishable at discretion of the court,

Distilled spirits only as medical stores,

art.8.

art. 13.

Prize-lists, transmission of, art, 15.

Divide service, art. 2.

Property, removing from captured vessel

Enlisting deserters, minors, etc., art. 19. before condemnedl an prize, art. 16.

Fugitives from service, returning same, Punishments:

art. 18.

By order of commander, art. 24.

General courts-martial, art. 38.

By officer temporarily commanding,

By whoin convened, art. 38.

art. 25.

Charges to be furnished accused, art. For ottenses in time of peace, art. 63.

43.

Spies, art. 5.

Confirmation of sentence of, art. 53. Summary courts-martial, art. 26.

Constitution of, art. 39.

Constitution of, art. 27.

Contempts of, art. 42.

Dismissal of officers by, art. 36.

Duty of officer arrested, art. 44.

Disrating for incompetency, art. 31.
Flogging, branding, etc., art. 49.

Execution of sentence of, art. 32.

Judgment, authentication of, art. 52. Manner of conducting proceedings of,

Members, absence of, art. 46.

art. 34.

Oaths of

Oath of members and recorder of, art.

Members of, art. 40.

28.

Judge-Advocate, art. 40.

Officers dismissed by President may

Witnesses, art. 41.

demand trial, art. 37.

Punishment by, degree of, art. 51.

Punishments by, art. 30.

Suspension of

Remission of sentence of, art. 33.
For offenses in time of

peace, Same punishments by general court-

art. 63.

martial, art. 35.

Proceedings of, art. 45.

Testimony, how given, art. 29.

Pay, art. 48.

SEC, 1624. The Navy of the United States shall be gov- Title 15,chap.10.
erned by the following articles:

havior.

See Title Mu.

IV.

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. Divine geryice.

ART. 2. Tbe:commanders of vessels and naval stations July 17, 18*2* s: 1, v. 12, p. 600...to wlich dicipļains are attached shall cause divine service

to be.performed on Sunday, whenever the weather and polier arcumstançes 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

ART. 3. Any irreverent or unbecoming behavior during Ibid., art. 2.

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 court-martial may adjudge, may be inflicted on

any person in the naval serviceMutiny. First. Who makes, or attempts to make, or unites with tiny, Division

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

officer; Striking stipe

Third. Or strikes or assaults, or attempts or threatens rior officer.

to strike or assault, his superior officer while in the exe

cution of the duties of his office; Intercourse Fourth. Or gives any intelligence to, or holds or enterwith an enemy. tains any intercourse with, an enemy or rebel, without leave

from the President, the 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 to take the earliest opportunity to

inform his superior or commanding officer thereof; Desertion in Sixth. Or, in time of war, deserts or entices others to

desert; 1998, Desertion. Deserting trust. Seventh. Or, in time of war, deserts or betrays his trust,

or entices or aids others to desert or betray their trust; Sleeping on Eighth. Or sleeps upon his watch; Leaving sta

Ninth. Or leaves his station before being regularly

relieved; Willfnistrand Tenth Or intentionally or willfully suffers any vessel of ing or injury of the Navy to be stranded, or run upon rocks or shoals, or

improperly hazarded; or 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; Unlawful de

Eleventh. Or unlawfully sets on fire, or otherwise unlaw. struction of pub. lic property.

fully destroys, any public property not at the time in possession of an enemy, pirate, or rebel;

an enemy:

time of war.

See secs. 1996

watch.

tion.

Striking

ilag

in

in battle.

clear for action.

battle.

the

Twelfth. Or strikes or attempts to strike the flag to an

or treaclierously enemy or rebel, without proper authority, or, when engaged yielding. in battle, treacherously yields or pusillanimously cries for Sce note 1. quarters;

Thirteenth. Or, in time of battle, displays cowardice, bacowardice 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

Desertingduty station, or entices others to do so;

Fifteenth. Or does not properly observe the orders of his Neglecting or commanding officer, and use his utmost exertious to carry for battle. them into execution, when 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 Veglecting to vessel acting singly, neglects, when an engagement is probable, or when an armed 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 jo neglecting to

join on signal for utmost exertions to join in battle;

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

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

Twentieth. Or does not afford all practicable relief and Failing to afford assistance to vessels belonging to the United States or their pr. 23, 1800, v. allies when engaged in battle.

2, p. 47; July 17, ART. 5. All persons who, in time of war, or of rebellion Spies,

July 17, 1862, s. against the supreme authority of the United States, come 1, 12, p. 602, art. or are found in the capacity of spies, or who bring or deliver; 5:13, 1863.0: any seducing letter or message from an enemy or rebel, or Mar. 3, 1863, s. 38, endeavor to corrupt any person in the Navy to betray his "See'note 2. trust, shall suffer death, or such other punishment as a court-martial may adjudge. ART. 6. If any person belonging to any public vessel of

July 17, 1862, s. the United States commits the crime of murder without the 1,6.12, p.602, art.5. territorial jurisdiction thereof, he may be tried by court. Sex Piracy etc.,

) martial and punished with death.

ART. 7. A naval court-martial may adjudge the punish- Imprisonment ment of imprisonment for life, or for a stated term, at hard July 17, 1862, š: labor, in any case where it is authorized to adjudge the. 12p. 602, punishment of death; and suchı sentences of imprisonment See note 3. and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, or

encounter.

1862, v. 12, p. 601.

Murder.

See art.5.

Vote 1.-By inadvertance the statute reads "quarters." It should real quarter.

Note 2.-Such other punishment is limited only to that kind of punishment which has become usual. (Op., X, 159.) Sentence of incapacity or disability not within that range. Can only be awarded when specially anthorizeil by law. (Naval con. tractor's case, Op., XII, 528.) To be limited to the customs of the service. Cruel and unusual punishments are forbidden by the law-martial and the Constitution. (Op., X, 160.)

Vote 3.-A naral or marine court-martial, upon conviction for an offense not capi. tal, under articles 7 and 8, may sentence to imprisonment at hard labor. (Op., XII. p. 510, Erarts, Oct. IX, 1868; X, p. 158, Bates, Nov. 1, 1861; IX, p. 80, Black, Sept. 5, 1857.) It is held in Army practice that a sentence of penitentiary confinement in a case of a purely military ottense is wholly unauthorizeuland should be disapproved. Larceny, en bezzlement, violent crime, or other offenses made punishable with penitentiary confinement by the law of the State, etc., may be legally visited with this punishment. (Winthrop's Digest, p. 115, new ed.) The same principles are now applied by the Navy Departmeut.

See art. 7.

hood, etc.

Duels.

of

Combinations

otticer.

Mutinous words.

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. Profanity, fulso ART. 8. Such punishment as a court-martial may adjudge

may be inflicted on any person in the Navy

First. Who is guilty of profane swearing, falsehood, drunkenness, gambling, fraud, theft, or any other scandal

ous 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 pro

voking or reproachful words, gestures, or menaces toward,

any person in the Navy; Fomenting Fourth. Or endeavors to foment quarrels between other quarrels.

persons in the Navy;

Fifth. 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 superior otticer.

disrespectful to him in language or deportment, while in the execution of his office;

Seventh. Or joins in or abets any combination to weaken against superior

the lawful authority of, or lessen the respect due to, bis July 17, 1862, s. 1, v.12,p.602, art.7.

commanding officer;

Eighth. Or utters any seditious or mutinous words; April 23, 1800, art. 13. 1. 2, p. 47. Neglect of or Ninth. Or is negligent or careless in obeying orders, or

culpably inefficient in the performance of duty; Preventing de

Tenth. Or does not use his best exertions to prevent the struction of publie property.

unlawful destruction of public property by others; Negligent Eleventh. Or, through inattention or negligence, suffers stranding.

any vessel of 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 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

mercbant or other vessels; Receiving arti. Thirteenth. Or takes, receives, or permits to be received, cles for freight.

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;

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

muster; Waste of pub. Fifteenth. Or wastes any ammunition, provisions, or lic property, etc.

other public property, or, having power to prevent it, know

ingly permits such waste; Plundering on Sixteenth. Or, when on shore, plunders, abuses, or mal

treats any inhabitant, or injures his property in any way;

ders.

convoy

service.

False muster.

shore.

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