United States Laws Relating to the Navy, Marine Corps, Etc

ART. 59. The party whose conduct shall be the subject of inquiry, or his attorney, shall have the right to crossexamine all the witnesses.

Rights of party inquired of. Id., art. 23. See act of Mar. 16, 1878, as noted under General Courts-Martial, art. 43.

how authenticat

ART. 60. The proceedings of courts of inquiry shall be, Proceedings, authenticated by the signature of the president of the ed and used as court and of the judge-advocate, and shall, in all cases not evidence. capital, nor extending to the dismissal of a commissioned

or warrant officer, be evidence before a court-martial, provided oral testimony cannot be obtained.

Trials to be within two years

ART. 61. No person shall be tried by court-martial or otherwise punished for any offense, except as provided in of committing of the following article, which appears to have been committed fense. more than two years before the issuing of the order for such trial or punishment, unless by reason of having absented himself, or of some other manifest impediment he shall not have been amenable to justice within that period.

sertion in time

128; 28 Stat. L.,

amended, R. S., 8.

ART. 62. No person shall be tried by court-martial or Trials for deotherwise punished for desertion in time of peace commit- of peace. ted more than two years before the issuing of the order for,Sup. R. S., ch. such trial or punishment, unless he shall meanwhile have 680; articles absented himself from the United States, or by reason of 1624. some other manifest impediment shall not have been amenable to justice within that period, in which case the time of his absence shall be excluded in computing the period of the limitation:

run from end of Feb. 25,

1895.

for offenses in

Provided, That said limitation shall not begin until the Time limit to end of the term for which said person was enlisted in the term. service. ART. 63. Whenever, by any of the Articles for the Gov- Punishment ernment of the Navy of the United States, the punishment on conviction of an offense is left to the discretion of the court-martial, the punishment therefor shall not, in time of peace, be in excess of a limit which the President may prescribe.

time of peace. Sup. R. S., 1892, p. 389; 28 Stat. L., 689; articles

amended, R. S., s. 1624. Feb. 27, 1895. Sup., chap. 137.

SEC. 1433. The commanding officer of any fleet, squadron, Title 15, chap. 2. or vessel acting singly, when upon the high seas or in any Consular pow foreign port where there is no resident consul of the United ers Feb. 20, 1845, 8. States, shall be authorized to exercise all the powers of a 2, v. 5, p. 725. consul in relation to mariners of the United States.

pointments in

Accepting ap SEC. 1440. If any officer of the Navy accepts or holds an diplomatic serv appointment in the diplomatic or consular service of the Government, he shall be considered as having resigned his place in the Navy, and it shall be filled as a vacancy.

ice.

Mar. 30, 1868, s. 2, v. 15, p. 58.

Furloughing

officers.

SEC. 1442. The Secretary of the Navy shall have authorMar. 3, 1835, s. ity to place on furlough any officer on the active list of the

1, v. 4, p. 756 Navy.

Mar. 3, 1845. s. 6,

v. 5, p. 794; Feb. 28, 1855, s. 3, v. 10, p. 617; June 1, 1860, s. 4, v. 12, p. 27. See note 1. See same section under Furlough, Title, "Pay and allowances."

Title 15, chap. 7.

SEC. 1547. The orders, regulations, and instructions isRegulations. sued by the Secretary of the Navy prior to July 14, 1862, July 14, 1862, s. with such alterations as he may since have adopted, with the approval of the President, shall be recognized as the regulations of the Navy, subject to alterations adopted in the same manner.

5, v, 12, p. 565. See note 2.

Copy to be furnished to officers. July 17, 1862, s. 19, v. 12, p. 610.

Title 15, chap. S.

Sea service.

SEC. 1548. The Secretary of the Navy shall cause each commissioned or warrant officer of the Navy, on his entry into the service, to be furnished with a copy of the regulations and general orders of the Navy Department then in force, and thereafter with a copy of all such as may be issued.

SEC. 1571. No service shall be regarded as sea service except such as shall be performed at sea, under the orders June 1, 1860, s. of a Department and in vessels employed by authority of law.

3, v. 12, p. 27.

See note 3.

Medicines and medical attend

ance.

SEC. 1586. Expenses incurred by any officer of the Navy for medicines and medical attendance shall not be allowed July 15, 1870, s. unless they were incurred when he was on duty, and the 17, v. 16, p. 334. medicines could not have been obtained from naval supplies, or the attendance of a naval medical officer could not have been had.

SEC. 1587. No funeral expense of a naval officer who dies in the United States, nor expenses for travel to attend the funeral of an officer who dies there, shall be allowed. But

Note 1.-Furloughed, in ordinary sense of the administration of the Department, is a question of duty and pay, not of rank or place on the roll of the Navy. The oflicer may be restored by the same power, retains his place in the line of promotion, and it can not be occupied by another. (Op., VIII, 223, Dec. 10, 1856.)

Note 2.-Congress is empowered by the Constitution to make Navy Regulations. Those made by the President or subordinates must be in execution of and supple mental to the statutes and statute regulations. (Op., VI, p. 10; see also X, p. 413; XIII, p. 9.)

A regulation of the Department (Treasury) made in pursuance of an act of Congress becomes a part of the law, and is of the same force as if incorporated in the Body of the act itself. (U. S. v. Barrows, 1 Abbott, U. S. R, 351.)

A regulation of a Department is a rule made by the head of such Department for its action, under a statute conferring such power, and has the force of law; a mere order of the President, or the Secretary of the Department, is not a regulation. (Court of Claims, III, p. 39.)

The Navy Regulations on the subject of payments to administrators and under wills are to be construed as binding only upon the officers and seamen of the Navy; they are not applicable to nor binding upon the accounting officers of the Treasury Department in the settlement of naval accounts, and it was not intended that they should control these officers. (Op. XVI, p. 494, Devens, May 21, 1880.) The general tenor of this opinion is that the Navy Regulations are not intended to affect any persons except those subject to the orders of the Secretary of the Navy.

Note S.-The service which entitles an officer to the pay allowed for "duty at sea" begins when, having been ordered to a particular duty, he reports himself, in obedience to the orders, at the place designated and enters upon that duty. (Op., X, p. 191, Feb. 19, 1862, and p. 97, Aug. 13, 1861, Bates.)

when an officer on duty dies in a foreign country the expenses of his funeral, not exceeding his sea-pay for one month, shall be defrayed by the Government, and paid by the paymaster upon whose books the name of such officer was borne for pay.

SEC. 1860.

See note 4.

Third. No officer, soldier, seaman, Title 23, chap. 1. mariner, or other person in the Army or Navy, or attached Voting and to troops in the service of the United States, shall be al- holding office in lowed to vote in any Territory, by reason of being on service therein, unless such Territory is, and has been for the 5 v. 10, p. 174; period of six months, his permanent domicile.

Fourth. No person belonging to the Army or Navy shall be elected to or hold any civil office or appointment in any Territory, except officers of the Army on the retired list.

Territories.
Mar. 2, 1853, s.

Feb. 8, 1861. s. 8,
v. 12, p. 174; Mar.
3, 1883, 22 Stat.
L.. 567.

See note 5.

Title 26.

Brin

ing

armed troops to

places of election. See secs. 5528,

SEC. 2002. No military or naval officer, or other person engaged in the civil, military, or naval service of the United States, shall order, bring, keep, or have under his authority or control, any troops or armed men at the place where any general or special election is held in any State, unless it be 5529, 5530, 5532. necessary to repel the armed enemies of the United States, or to keep the peace at the polls.

Interference

See secs. 5530,

SEC. 2003. No officer of the Army or Navy of the United with freedom of States shall prescribe or fix, or attempt to prescribe or fix, elections. by proclamation, order, or otherwise, the qualifications of 5531 voters in any State, or in any manner interfere with the Feb. 25, 1865, s. 1, v. 13, p. 437. freedom of any election in any State, or with the exercise of the free right of suffrage in any State.

rights.

SEC. 5510. Every person who, under color of any law, Title 70, chap. 7. statute, ordinance, regulation, or custom, subjects, or Depriving citi causes to be subjected, any inhabitant of any State or Ter- zens of civil ritory to the deprivation of any rights, privileges, or im- May 31, 1870, s. munities, secured or protected by the Constitution and laws 17, v. 16, p. 144. of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color or race, than are prescribed for the punishment of citizens, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or by both.

Unlawful presence of troops at

See secs. 2002, 5531, 5532. Feb. 25, 1865, s.

SEC. 5528. Every officer of the Army or Navy, or other person in the civil, military, or naval service of the United elections. States, who orders, brings, keeps, or has under his authority or control, any troops or armed men at any place where a general or special election is held in any State, unless 1, v. 13, p. 437. such force be necessary to repel armed enemies of the United States or to keep the peace at the polls, shall be fined not more than five thousand dollars, and suffer im

Note 4.-Section 1587 prohibits the allowance of the funeral expenses of an officer who dies in the United States. The fact that an officer had started on foreign service, but died in a port of the United States at which his vessel had touched, does not relieve the case from the prohibition in the statute. (Op., XIII, p. 341, Nov. 17, 1870, case of Captain Harrison.) Not held by the Navy Department as prohibiting an allowance of an officer's funeral expenses, to the limit in the statute, who dies at sea on the way home from a foreign station. (Case of Captain Lewis, 1880.)

Note 5.-By provision of subsequent legislation officers on the retired list may legally hold civil office when elected thereto or appointed by the President and confirmed by the Senate.

See sec. 1587.

Intimidation of

voters.

See sec. 2003.
Ibid., s. 2.

Officers of Army or Navy prescribing qualifications of voters.

See sec. 2003.

Officers, etc., of Army or Navy in

prisonment at hard labor not less than three months nor more than five years.

SEC. 5529. Every officer or other person in the military or naval service who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State, shall be fined not more than five thousand dollars, and imprisoned at hard labor not more than five years.

SEC. 5530. Every officer of the Army or Navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of voters at any election in any State, shall be punished as provided in the preceding section.

SEC. 5531. Every officer or other person in the military terfering with or naval service who, by force, threat, intimidation, order, officer of election, or otherwise, compels, or attempts to compel, any officer

etc.

Ibid., s. 2.

Disqualifica tion for holding office.

Ibid., ss. 1, 2.

lar and volunteer

service.

holding an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section fifty-five hundred and twenty-nine.

SEC. 5532. Every person convicted of any of the offenses specified in the five preceding sections, shall, in addition to the punishments therein severally prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing in those sections shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote.

Mar. 3, 1883. And all officers of the Navy shall be credited with the Credit for regu- actual time they may have served as officers or enlisted men in the regular or volunteer Army or Navy, or both, and Mar. 3, 1883, p. shall receive all the benefits of such actual service in all 473 (naval appropriation act); respects in the same manner as if all said service had been 22 Stat. L., p. 473, continuous and in the regular Navy in the lowest grade

Aug. 5, 1882.

having graduated pay held by such officer since last entering the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. That all officers who have been or may be appointed to officers reap any corps of the Navy or to the Marine Corps after service pointed. in a different corps of the Navy or of the Marine Corps ch. 165, par. 1, shall have all the benefits of their previous service in the ante, p. 206. same manner as if said appointments were a reentry into the Navy or into the Marine Corps.

Benefit of previous service to

July 26, 1894,

No master, mate, pilot, or engineer of steam vessels licensed under title fifty-two of the Revised Statutes shall be liable to draft in time of War, except for the performance of duties such as required by his license;

May 28, 1896. 29 Stat. L., 188. vol. 2, p. 488. Exemption from draft. R. S., Title LII.

Supp. R. S.,

See note 6. Wages for naval service.

and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or wounded while performing such duties Pensions, etc. under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States.

SEC. 3. That all laws or parts of laws in conflict with Repeal. this Act are hereby repealed.

Jan. 31, 1881, s.

No decoration, or other thing, the acceptance of which Jan. 31, 1881. is authorized by this act, and no decoration heretofore Acceptance of accepted, or which may hereafter be accepted, by consent decorations. of Congress, by any officer of the United States, from any 2, chap. 32, P. E.. foreign government, shall be publicly shown or exposed p. 80. upon the person of the officer so receiving the same. Hereafter any present, decoration, or other thing, which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress.

Ibid., 8. 3.

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United States Laws Relating to the Navy, Marine Corps, Etc: Compiled from ...