(ACT of April 23d, 1800.)

purser secure all the property of the deceased for the benefit of his legal representative or representatives. He shall cause frequent inspections to be made into the condition of the provisions, and use every precaution for its preservation. He shall, whenever he orders officers and men to take charge of a prize, and proceed to the United States, and whenever officers or men are sent from his ship, for whatever cause, take care that each man be furnished with a complete statement of his account, specifying the date of his enlistment, and the period and terms of his ser vice; which account shall be signed by the commanding officer and purser. He shall cause the rules for the government of the navy to be hung up in some public part of the ship, and read once a month to his ship's company. 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 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 buckets with covers, be made for their use: And when his crew is finally paid off he shall attend in person, or appoint a proper officer, to see that justice be 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 dis cretion 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 offi cer receive on board any petty officers or men turned over from any other vessel to him, unless each of such officers and 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.

ART. 31. Any master at arms, or other person of whom the duty of master at arms is required, who shall refuse to receive such prisoners as shall be committed to his charge, or, having received them, shall suffer them to escape, or dismiss them without

(ACT of April 23d, 1800.)

orders from proper authority, shall suffer in such prisoner's 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 and customs in such cases at

sea.

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

ART. 34. Any person entitled to wages or prize money, may have the same paid to his assignee, provided the assignment be attested by the captain and 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 crew 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.

ART. 35. General courts martial may be convened as often as the president of the United States, the secretary of the navy, or the commander in chief of the fleet, or commander of a squadron, while acting out of the United States, shall deem it necesary: 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 commissions; 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 following oath or affirmation, which the judge advocate, or person officiating 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 authorised and required to administer the following oath

(ACT of April 23d, 1800.)

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 particu lar 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 affirmation, which the president of the court is hereby authorised to administer; and if any person shall refuse to give his evidence as aforesaid, or shall prevaricate, or shall behave with contempt to the court, it shall and may be lawful 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 wilful perjury, on examination on oath or affirmation before such court, or who shall corruptly procure, or suborn, any person to commit such wilful 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 authorised 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 offence 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 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 demanding the court shall take care that the person accused be furnished with a true copy of the charges, with the specifications, at the time he is put under arrest, nor shall any other charge or 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 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 to make his defence against such new charge. Every officer so arrested is to deliver up his sword to his commanding officer and to confine himself to the limits assigned him, under pain of dismission from service.

ART. 39. When the proceedings of any general court martial shall have commenced, they shall not be suspended or delayed on account of the absense 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

(ACT of April 23d, 1800.)

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.

ART. 40. Whenever a court martial shall sentence any officer to be suspended, the court shall have 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, shall require the concurrence of two-thirds of the members present; and no 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.

A court martial shall not, for any one offence 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 offence committed against these articles, after conviction, or to mitigate the punishment decreed by a court martial.

SEC. 11. ART. 1. 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 squadon: Provided, such courts 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.

ART. 2. The proceedings of courts of inquiry shall be authenticated by the signature of the president of the court and judge advocate, and shall, in all cases 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 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 prejudice."

(ACT of April 23d, 1800.)

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.

11. SEC. II. In all cases where the crews of the ships or vessels of the United States shall be separated from their vessels, by 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.

12. SEC. IV. All the pay and emoluments of such officers and men, of any of the ships or vessels of the United States taken by an enemy, who shall appear, by the sentence of a court martial, or otherwise, to have done their utmost to preserve and defend their ship or vessel, and, after the 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.

13. SEC. v. The proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, shall, when of equal or superior force to the vessel or vessels making the capture, 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.

SEC. VI. The prize money, belonging to the officers 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,