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Accounts men received.

of

Accounts of men sent from the ship.

Inspection of provisions.

Health of crew.

Attendance at final payment of

crew.

Articles to be hung up and read.

Punishment for offending against this article.

secures all the property of the deceased, for the benefit of his legal representatives.

Fifth. He shall not receive on board any man transferred from any other vessel or station to him, unless such man is furnished with an account, signed by the captain and paymaster of the vessel or station from which he came, specifying the date of his entry on said vessel or at said station, the period and term of his service, the sums paid him, the balance due him, the quality in which he was rated, and his descriptive list.

Sixth. He shall, whenever officers or men are sent from his ship, for whatever cause, take care that each man is furnished with a complete statement of his account, specifying the date of his enlistment, the period and term of his service, and his descriptive list. Said account shall be signed by the commanding officer and paymaster.

Seventh. He shall cause frequent inspections to be made into the condition of the provisions on his ship, and use every precaution for their preservation.

Eighth. He shall frequently consult with the surgeon in regard to the sanitary condition of his crew, and shall use all proper means to preserve their health. And 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 so advises, and shall direct that some of the crew attend them and keep the place clean.

Ninth. He shall attend in person, or appoint a proper officer to attend, when his crew is finally paid off, to see that justice is done to the men and to the United States in the settlement of the accounts.

Tenth. He shall cause the articles 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.

Every commanding officer who offends against the provisions of this article shall be punished as a court-martial 16, v. 12, p. 609. may direct.

July 17, 1862, s.

Authority of officers after loss

14, v. 12, p. 609.

ART. 21. When the crew of any vessel of the United of vessel. States are separated from their vessel by means of her July 17, 1862, s. wreck, loss, or destruction, all the command and authority given to the officers of such vessel shall remain in full force until such ship's company shall be regularly discharged from or ordered again into service, or until a court-martial or court of inquiry shall be held to inquire into the loss of said vessel. And if any officer or man, after such wreck, loss, or destruction, acts contrary to the discipline of the Navy, he shall be punished as a court-martial may direct.

Offenses not

specified. See note 5.

See art. 22.

ART. 22. All offenses committed by persons belonging to the Navy which are not specified in the foregoing article shall be punished as a court-martial may direct.

Note 5.-On board a United States vessel of war on the Thames River, under way, opposite New London, a fatal assault was committed upon a member of the crew by another. Held, that a naval court-martial could, under article 22, section 1624, Revised Statutes, take jurisdiction of the offense as manslaughter. The State authorities could have tried the case, but it would not have ousted the court-martial of jurisdiction over the same offense so far as it affected the order and discipline of the ship. (Op., XVI, 578, published in General Order Navy Department 259, Janu ary 25, 1881.)

ART. 23. All offenses committed by persons belonging to the Navy while on shore shall be punished in the same manner as if they had been committed at sea.

com.

Offenses
July 17, 1862, s.

mitted on shore.

1, v. 12, p. 602, arts. 8 and 9.

Punishment by

order of com. mander.

ART. 24. No commander of a vessel shall inflict upon a commissioned or warrant officer any other punishment than private reprimand, suspension from duty, arrest, or confine-July 17. 1862. s. 1, v. 12, p. 603, art. ment, and such suspension, arrest, or confinement shall not io. continue longer than ten days, unless a further period is necessary to bring the offender to trial by a court-martial; nor shall he inflict, or cause to be inflicted, upon any petty officer, or person of inferior rating, or marine, for a single offense, or at any one time, any other than one of the following punishments, namely:

First. Reduction of any rating established by himself.

Second. Confinement, with or without irons, single or double, not exceeding ten days, unless further confinement be necessary, in the case of a prisoner to be tried by courtmartial.

Third. Solitary confinement, on bread and water, not exceeding five days.

Fourth. Solitary confinement not exceeding seven days.
Fifth. Deprivation of liberty on shore.

Sixth. Extra duties.

No other punishment shall be permitted on board of vessels belonging to the Navy, except by sentence of a general or summary court-martial. All punishments inflicted by the commander, or by his order, except reprimands, shall be fully entered upon the ship's log.

Punishment by officers tempora rily commanding.

ART. 25. No officer who may command by accident, or in the absence of the commanding officer, except when such commanding officer is absent for a time by leave, shall, Apr. 23, 1800, s. inflict any other punishment than confinement.

1, v. 2, p. 49, art. 30.

Summary courts-martial.

Mar. 2, 1855, s.

v. 10. p. 627; July 15, 1870. s.

ART. 26. Summary courts-martial may be ordered upon petty officers and persons of inferior ratings, by the commander of any vessel, or by the commandant of any navy. yard, naval station, or marine barracks to which they belong, for the trial of offenses which such officer may deem 14, v. 16, p. 334. deserving of greater punishment than such commander or commandant is authorized to inflict, but not sufficient to require trial by a general court-martial.

summary courts

martial.

ART. 27. A summary court-martial shall consist of three Constitution of officers not below the rank of ensign, as members, and of a recorder. The commander of a ship may order any officer under his command to act as such recorder.

Mar. 2, 1855. ss. 5, 6, v. 10, p. 628.

Oath of members and record

er.

Mar. 2, 1855, s.

ART. 28. Before proceeding to trial the members of a summary court-martial shall take the following oath or affirmation, which shall be administered by the recorder: "I, A B, do swear (or affirm) that I will well and truly try, without prejudice or partiality, the case now depending, 5, p. 628. according to the evidence which shall be adduced, the laws for the government of the Navy, and my own conscience.” After which the recorder of the court shall take the following oath or affirmation, which shall be administered by the senior member of the court: "I, A B, do swear (or affirm) that I will keep a true record of the evidence which shall be given before this court and of the proceedings thereof."

Testimony.

Punishments by summary courts.

Mar. 2, 1855, s. 7, p. 628.

Disrating for incompetency.

ART. 29. All testimony before a summary court-martial shall be given orally, upon oath or affirmation, administered by the senior member of the court.

ART. 30. Summary courts-martial may sentence petty officers and persons of inferior ratings to any one of the following punishments, namely:

First. Discharge from the service with bad conduct discharge; but the sentence shall not be carried into effect in a foreign country.

Second. Solitary confinement, not exceeding thirty days, in irons, single or double, on bread and water, or on diminished rations.

Third. Solitary confinement in irons, single or double, not exceeding thirty days.

Fourth. Solitary confinement not exceeding thirty days.
Fifth. Confinement not exceeding two months.
Sixth. Reduction to next inferior rating.

Seventh. Deprivation of liberty on shore on foreign station.

Eighth. Extra police duties, and loss of pay, not to exceed three months, may be added to any of the above-mentioned punishments.

ART. 31. A summary court-martial may disrate any rated July 17, 1862, s. person for incompetency.

1, art. 10, v. 12, p.

603.

mary court.

8, v. 10, p. 628:

Execution of ART. 32. No sentence of a summary court-martial shall sentence of sum be carried into execution until the proceedings and senMar. 2, 1855, s. tence have been approved by the officer ordering the court Mar. 2, 1867, s. 5, and by the commander-in-chief, or, in his absence, by the senior officer present. And no sentence of such court which involves loss of pay shall be carried into execution until the proceedings and sentence have been approved by the Secretary of the Navy.

v. 14. p. 516.

See note 6.

Remission sentence.

of

Mar. 2, 1855, s. 8 v. 10, p. 628.

Manner of con

ings.

ART. 33. The officer ordering a summary court-martial shall have power to remit, in part or altogether, but not to commute, the sentence of the court. And it shall be his duty either to remit any part or the whole of any sentence, the execution of which would, in the opinion of the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced; or to submit the case again, without delay, to the same or to another summary court-martial, which shall have power, upon the testimony already taken, to remit the former punishment and to assign some other of the authorized punishments in the place thereof.

ART. 34. The proceedings of summary courts-martial ducting proceed shall be conducted with as much conciseness and precision Mar, 2, 1855, s. as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the Secretary of the Navy, with the approval of the President; and

9, p. 628.

See art. 32.

Note 6.-The proceedings of all general and summary courts-martial and courts of inquiry, after action thereon by the reviewing officer, will be forwarded direct to the Judge Advocate-General of the Navy, accompanied by a com.nunication addressed to him. All communications pertaining to questions of law before such courts, requiring the action of the Department. must also be addressed to him. (See U.S. Navy Regulations, 1896.)

all such proceedings shall be transmitted, in the usual mode, to the Navy Department.

Same punishments by general

ART. 35. Any punishment which a summary court-martial is authorized to inflict may be inflicted by a general court-martial. court-martial.

Mar. 2, 1855, s. 10, p. 628. Dismissal of of

ficers.

July 13, 1866, s.

ART. 36. No officer shall be dismissed from the naval service except by the order of the President or by sentence of a general court-martial; and in time of peace no officer 5, v. 14, p. 92. shall be dismissed except in pursuance of the sentence of a general court-martial or in mitigation thereof.

missed by the

may

Mar. 3, 1865, s.

ART. 37. When any officer, dismissed by order of the officer dis President since 3d March, 1865, makes, in writing, an President application for trial, setting forth, under oath that he has demand trial. been wrongly dismissed, the President shall, as soon as the 12, v. 13, p. 489. necessities of the service may permit, convene a court-martial to try such officer on the charges on which he shall have been dismissed. And if such court-martial shall not be convened within six months from the presentation of such application for trial, or if such court, being convened, shall not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void.

See act June 22, ongoi

Accounting officers.

See Dismissal,

Division 1.

convened.

ART. 38. General courts-martial may be convened by the General courts President, the Secretary of the Navy, or the commander- martial by whom in-chief of a fleet or squadron; but no commander of a, July 17, 1862, 8. fleet or squadron in the waters of the United States shall 603. convene such court without express authority from the President.

1, art. 11, v. 12, p.

1, art. 11, v. 12, p.

See note 7.

ART. 39. A general court-martial shall consist of not Constitution of. more than thirteen nor less than five commissioned officers, July 17, 1862, s. as members; and as many officers, not exceeding thirteen, 603. as can be convened without injury to the service, shall be summoned on every such court. But in no case, where it can be avoided without injury to the service, shall more than one-half, exclusive of the president, be junior to the officer to be tried. The senior officer shall always preside and the others shall take place according to their rank. ART. 40. The president of the general court-martial shall administer the following oath or affirmation to the judgeadvocate or person officiating as such:

Oaths of mem bers and judgeadvocate.

Mar. 2, 1855, s. 1, art. 12, p. 603.

"I, A B, do swear (or affirm) that I will keep a true record See note 8. of the evidence given to and the proceedings of this court; that I will not divulge or by any means disclose the sentence of the court until it shall have been approved by the proper authority; and that I will not 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, each member of the court, before proceeding to trial, shall take

Note 7.-The minority of some of the members of a court-martial is not available as an objection to the validity of the proceedings. (Op., XVI, 550.)

Note 8-Special counsel may be employed by the Attorney-General at the request of the Secretary of the Navy to assist the Judge Advocate in the trial by courtmartial. (18 A. G. op., p. 135, Garland, March 21, 1885.)

See art. 39.

Oath of witness.

Mar. 2, 1855, s.

the following oath or affirmation, which shall be administered by the judge-advocate or person officiating as such: "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; 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; and that I will not 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."

ART. 41. An oath or affirmation in the following form, 1, art. 14, p. 603. shall be administered to all witnesses, before any courtmartial, by the president thereof:

Contempts of

court.

Id, art. 13.

Charges.

Id., art. 15;

20, p. 30.

See note 9.

"You do solemnly swear (or affirm) that the evidence you shall give in the case now before this court shall be the truth, the whole truth, and nothing but the truth, and that you will state everything within your knowledge in relation to the charges. So help you God; (or 'this you do under the pains and penalties of perjury.")"

ART. 42. Whenever any person refuses to give his evidence or to give it in the manner provided by these articles, or prevaricates, or behaves with contempt to the court, it shall be lawful for the court to imprison him for any time not exceeding two months.

ART. 43. The person accused shall be furnished with a Mar. 16, 1878, v. true copy of the charges, with the specifications, at the time he is put under arrest; and no other charges than those so furnished shall be urged against him at the trial, unless it shall appear to the court that intelligence of such other charge had not reached the officer ordering the court when the accused was put under arrest, or that some witness material to the support of such charge was at that time absent and can be produced at the trial; in which case reasonable time shall be given to the accused to make his defense against such new charge. The person so charged shall, at his own request but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him.

Duty of officer arrested.

ART. 44. Every officer who is arrested for trial shall July 17, 1862, deliver up his sword to his commanding officer and confine art. 15, v. 12, p. himself to the limits assigned him, on pain of dismissal from the service.

604.

Suspension of proceedings. Id., art. 16.

ART. 45. When the proceedings of any general courtmartial have commenced, they shall not be suspended or delayed on account of the absence of any of the members, provided five or more are assembled; but the court is enjoined to sit from day to day, Sundays excepted, until

Note 9.-Article 43 of the Articles for the Government of the Navy (Rev. Stat., 1624) requiring the accused to be furnished with a copy of the charges and specifications "at the time he is put under arrest," refers to his arrest for trial by courtmartial; and, if he is already in custody to await the result of a court of inquiry, is sufficiently complied with by delivering the copy to him immediately after the Secretary of the Navy has informed him of that result, and has ordered a courtmartial to convene to try him. (Johnson v. Sayre, 158 U. S., p. 109.)

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