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General courts martial-Continued.
Sentences of-

How determined, art. 50.

Remission and mitigation of, art.

54.

Trials to be within two years of com-
mitting offense, art. 61.

For desertion in time of peace,
art. 62.

Provided, time limit to run from

end of term, ibid.

Witnesses examined in absence of
member, art. 47.

Importing goods in public vessels, art. 12.
Imprisonment in penitentiary, art. 7.

Irreverent behavior, art. 3.

Maltreating persons taken on a prize, art.

17.

Murder, art. 6.

Officers absent without leave may be re-
duced, art. 9.

art. 34.

Oath of members and recorder of, art.
28.

Officers dismissed by President may
demand trial, art. 37.

Punishments by, art. 30.

Remission of sentence of, art. 33.

Same punishments by general court-

martial, art. 35.

Testimony, how given, art. 29.

SEC. 1624. The Navy of the United States shall be gov- Title 15,chap. 10.

erned by the following articles:

duty of super-

ARTICLE 1. The commanders of all fleets, squadrons, Commander's
naval stations, and vessels belonging to the Navy, are vision and cor-
required to show in themselves a good example of virtue, rection,
July 17, 1862, s.
honor, patriotism, and subordination; to be vigilant in v., 112, p. 600.

Divine service. July 17, 1862, s. 1, v. 12, p. 600.

Irreverent be

havior.

Ibid., art. 2.

Mutiny.

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.

ART. 2. The commanders of vessels and naval stations to which chaplains are attached shall cause divine service to be performed on Sunday, whenever the weather and other circumstances 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.

ART. 3. Any irreverent or unbecoming behavior during 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 service

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

of orders.

Striking supe

rior officer.

Intercourse

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

Third. Or strikes or assaults, or attempts or threatens to strike or assault, his superior officer while in the execution of the duties of his office;

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

an enemy.

Desertion in time of war. See secs. 19961998, Desertion.

Deserting trust.

Sleeping on

watch.

Leaving sta.

tion.

Willful strand

vessel.

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;

Sixth. Or, in time of war, deserts or entices others to desert;

Seventh. Or, in time of war, deserts or betrays his trust, or entices or aids others to desert or betray their trust; Eighth. Or sleeps upon his watch;

Ninth. Or leaves his station before being regularly relieved;

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

lic property.

flag

Striking or treacherously

Twelfth. Or strikes or attempts to strike the flag to an enemy or rebel, without proper authority, or, when engaged yielding. in battle, treacherously yields or pusillanimously cries for See note 1. quarters;

battle.

Thirteenth. Or, in time of battle, displays cowardice, Cowardice 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 station, or entices others to do so;

Fifteenth. Or does not properly observe the orders of his commanding officer, and use his utmost exertious to carry 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 vessel acting singly, neglects, when an engagement is prob able, 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 utmost exertions to join in battle;

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

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

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

ART. 5. All persons who, in time of war, or of rebellion against the supreme authority of the United States, come or are found in the capacity of spies, or who bring or deliver any seducing letter or message from an enemy or rebel, or endeavor to corrupt any person in the Navy to betray his trust, shall suffer death, or such other punishment as court-martial may adjudge.

a

in

Deserting duty

in battle.

Neglecting orfor battle.

ders to prepare

Neglecting to clear for action.

Neglecting to

join on signal for battle.

Failing to en

courage the men to fight.

Failing to seek encounter.

Failing to afford Apr. 23, 1800, v. 2, p. 47: July 17, 1862, v. 12, p. 601.

relief in battle.

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Spies.

July 17, 1862, s.

v. 12, p. 602, art.

4; Feb. 13, 1862, s.
4, v. 12, p. 340;

Mar. 3, 1863, s. 38,
See note 2.

v. 12, p. 737.

Murder.

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.v.12, p.602, art.5. territorial jurisdiction thereof, he may be tried by court-See Piracy.etc., martial and punished with death.

ART. 7. A naval court-martial may adjudge the punishment of imprisonment for life, or for a stated term, at hard labor, in any case where it is authorized to adjudge the punishment of death; and such sentences of imprisonment and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, or

Note 1.-By inadvertance the statute reads "quarters." It should read 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 authorized by law. (Naval contractor'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.)

Note 3.-A naval or marine court-martial, upon conviction for an offense not capital, under articles 7 and 8, may sentence to imprisonment at hard labor. (Op., XII, p. 510, Evarts, 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 offense is wholly unauthorized and should be disapproved. Larceny, embezzlement, 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 Departinent.

Division IV.]

Imprisonment

in a penitentiary.
July 17, 1862, s.
V. 12, p. 602,
See note 3.

art. 6.

See art. 5.

See art. 7.

Profanity, falsehood, etc.

Cruelty.

Quarreling.

Fomenting

quarrels.

Duels.

Contempt

superior officer.

of

against superior officer.

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 Territory in which the same may be situated.

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 scandalous conduct tending to the destruction of good morals; Second. Or is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders;

Third. Or quarrels with, strikes, or assaults, or uses provoking or reproachful words, gestures, or menaces toward, any person in the Navy;

Fourth. Or endeavors to foment quarrels between other persons in the Navy;

Fifth. Or sends or accepts a challenge to fight a duel or acts as a second in a duel;

Sixth. Or treats his superior officer with contempt, or is disrespectful to him in language or deportment, while in the execution of his office;

Combinations Seventh. Or joins in or abets any combination to weaken the lawful authority of, or lessen the respect due to, his July 17, 1862, commanding officer;

s.

1, v.12, p.602. art.7.

Mntinous

words.

April 23, 1800, art. 13. v. 2, p. 47. Neglect of orders.

Preventing de struction of pub lic property.

Negligent

stranding.

Negligence in convoy service.

Receiving articles for freight.

False muster.

Waste of pub. lic property, etc.

Plundering on

shore.

Eighth. Or utters any seditious or mutinous words;

Ninth. Or is negligent or careless in obeying orders, or culpably inefficient in the performance of duty;

Tenth. Or does not use his best exertions to prevent the unlawful destruction of public property by others;

Eleventh. Or, through inattention or negligence, suffers any vessel of the Navy to be stranded, or run upon a rock or shoal, or hazarded;

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 merchant or other vessels;

Thirteenth. Or takes, receives, or permits to be received, 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;

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

Fifteenth. Or wastes any ammunition, provisions, or other public property, or, having power to prevent it, knowingly permits such waste;

Sixteenth. Or, when on shore, plunders, abuses, or maltreats any inhabitant, or injures his property in any way;

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