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Forage, fuel, quarters, etc .. 156-159 Prize, prize money, etc
Pay; rations, and mileage of. 149–156 Professors of mathematics
Naval Academy, naval cadets... 70-77 etc......
229-235 Seamen in the Navy, apprentices,
Peusion funds, naval
379-384 Vessels of the Navy, officers, etc. 130–137
ARTICLES FOR THE GOVERNMENT OF THE NAVY.
Authority of officers after loss of vessel,
How determined, art. 50,
Desertion by resignation, art. 10.
Punishable at discretion of the court,
Divide service, art. 2.
Property, removing from captured vessel
Duty of officer arrested, art. 44.
Disrating for incompetency, art. 31.
Execution of sentence of, art. 32.
Oath of members and recorder of, art.
Remission of sentence of, art. 33.
peace, Same punishments by general court-
Pay, art. 48.
SEC, 1624. The Navy of the United States shall be gov- Title 15,chap.10.
ARTICLE 1. The commanders of all fleets, squadrons, Commander's
See Title Mu.
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;
time of war.
See secs. 1996
clear for action.
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
1862, v. 12, p. 601.
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.
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.
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;