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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 quarters;

See note 1.

battle.

in

Deserting duty

in 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 exertions 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;

Neglecting or

ders to prepare

for battle.

clear for action.

Sixteenth. Or, being in command of a fleet, squadron, or Neglecting 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 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.

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.

1,

Spies,

July 17, 1862, s.

v. 12, p. 602, art. Feb. 13, 1862, 8. Mar. 3, 1863, s. 38, See note 2.

v. 12, p. 340;

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 a court-martial may adjudge.

ART. 6. If any person belonging to any public vessel of the United States commits the crime of murder without the territorial jurisdiction thereof, he may be tried by courtmartial and punished with death.

v. 12, p. 737.

1,

Murder.

July 17, 1862, s. v.12, p.602, art.5. [See Piracy.etc., Division IV.]

in a penitentiary.

art. 6.

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, s. labor, in any case where it is authorized to adjudge the. 12. p. 602, 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. (Ôp., 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 Department.

See note 3.

See art. 5.

See art. 7.

Profanity, falsehood, etc.

Cruelty.

Quarreling.

Fomenting

quarrels.

Duels.

Contempt

superior officer.

of

Combinations 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;

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;

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

Mutinous

words.

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

ders.

Preventing de struction of public property.

Negligent stranding.

Negligence in convoy service.

Receiving arti

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, 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;

False muster.

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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;

prehend offend

Seventeenth. Or refuses, or fails to use, his utmost exer- Refusing to aptions to detect, apprehend, and bring to punishment all ers. offenders, or to aid all persons appointed for that purpose;

Eighteenth. Or, when rated or acting as master-at-arms, Refusing to rerefuses to receive such prisoners as may be committed to ceive prisoners. his charge, or, having received them, suffers them to escape, or dismisses them without orders from the proper authority; Nineteenth. Or is absent from his station or duty without leave, or after his leave has expired;

Twentieth. Or violates or refuses obedience to any law. ful general order or regulation issued by the Secretary of the Navy;

Twenty-first. Or, in time of peace, deserts or attempts to desert, or aids and entices others to desert; Twenty-second. Or receives or entertains any deserter fro a any other vessel of the Navy, knowing him to be such, and does not, with all convenient speed, give notice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron.

Absence from duty without leave.

Violating genrealers or

regulations.

Desertion in

time of peace.

serters.

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Harboring deApr. 23, 1800, v. p. 47: July 17,

1862, v. 12, p. 602.

Officer absent without leave

May 16, 1864, 8. 2, v. 13, p. 75.

resignation.

ART. 9. Any officer who absents himself from his command without leave, may, by the sentence of a court- may be reduced. martial, be reduced to the rating of an ordinary seaman. ART. 10. Any commissioned officer of the Navy or Marine Corps who, having tendered his resignation, quits his post or proper duties without leave, and with intent to remain 2. permanently absent therefrom, prior to due notice cf the acceptance of such resignation, shall be deemed and punished as a deserter.

ART. 11. No person in the naval service shall procure stores or other articles or supplies for, and dispose thereof to, the officers or enlisted men on vessels of the Navy, or at navy-yards or naval stations, for his own account or benefit.

ART. 12. No person connected with the Navy shall, under any pretense, import in a public vessel any article which is liable to the payment of duty.

ART. 13. Distilled spirits shall be admitted on board of vessels of war only upon the order and under the control of the medical officers of such vessels, and to be used only for medical purposes.

Desertion by Aug. 5, 1861, s. v. 12, p. 316.

[ See Dismissal; also, Deser

tion, Division 1.

Dealing in sup. lies on private

account.
Aug. 26, 1842, s.
1, v. 5, p. 535.

Importing du public vessels.

tiable goods in

July 30, 1846, s. 10, v. 9, p. 44.

Distilled spirits only as medical July 14, 1862, s. 4. v. 12, p. 565.

stores.

Certain crimes the United

of fraud against

States.

See note 2, p. 9.

Presenting

false claims.

ART. 14. Fine and imprisonment, or such other punishment as a court-martial may adjudge, shall be inflicted upon any person in the naval service of the United StatesWho presents or causes to be presented to any person in the civil, military, or naval service thereof, for approval or payment, any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent; or Who enters into any agreement or conspiracy to defraud the United States by obtaining, or aiding others to obtain, of false claims. the allowance or payment of any false or fraudulent claim;

or

Agreement to obtain payment

Who, for the purpose of obtaining, or aiding others to False papers. obtain, the approval, allowance, or payment of any claim.

Perjury.

Forgery.

Delivering less property than receipt calls for.

Giving receipts without knowing truth of.

Stealing, wrongfully sell. ing, etc.

Buying public military prop erty.

1, v. 12, p. 696.

against the United States or against any officer thereof, makes or uses, or procures or advises the making or use of, any writing, or other paper, knowing the same to contain any false or fraudulent statement; or

Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the making of, any oath to any fact or to any writing or other paper, knowing such oath to be false; or

Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging or counterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of, any such signature, knowing the same to be forged or counterfeited; or Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the naval service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or

Who, being authorized to make or deliver any paper certifying the receipt of any money or other property of the United States, furnished or intended for the naval service thereof, makes, or delivers to any person, such writing, without having full knowledge of the truth of the statements therein contained, and with intent to defraud the United States; or

Who steals, embezzles, knowingly and willfully misappropriates, applies to his own use or benefit, or wrongfully and knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money or other property of the United States, furnished or intended for the military or naval service thereof; or

Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any other person who is Mar. 2, 1863, s. a part of or employed in said service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other property of the United States, such other person not having lawful right to sell or pledge the same; or

Other frauds.
July 17, 1862,

Who executes, attempts, or countenances any other fraud art. 7. v. 12, p. 602. against the United States.

rest and trial

and dismissal.

Mar. 2, 1863, s. 2, v. 12, p. 697.

Liable to ar- And if any person, being guilty of any of the offenses after discharge described in this article while in the naval service, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial, in the same manner and to the same extent as if he had not received such discharge nor been dismissed.

List of persons

claiming prize

money.

ART. 15. The commanding officer of every vessel in the Navy entitled to or claiming an award of prize money shall, July 17, 1862, s. as soon as it may be practicable after the capture, transmit See sec. 4615, to the Navy Department a complete list of the officers and

5, v. 12, p. 607.

Prize.

men of his vessel entitled to share, stating therein the quality of each person rating; and every commanding officer who offends against this article shall be punished as a court-martial may direct.

Removing propJuly 17, 1862, s. erty from a prize.

ART. 16. No person in the Navy shall take out of a prize, or vessel seized as a prize, any money, plate, goods, or any part of her equipment, unless it be for the better preserva- 7, v. 12, p. 607. tion thereof, or unless such articles are absolutely needed for the use of any of the vessels or armed forces of the United States, before the same are adjudged lawful prize by a competent court; but the whole, without fraud, concealment, or embezzlement, shall be brought in, in order that judgment may be passed thereon; and every person who offends against this article shall be punished as a courtmartial may direct.

ART. 17. If any person in the Navy strips off the clothes of, or pillages, or in any manner maltreats, any person taken on board a prize, he shall suffer such punishment as a courtmartial may adjudge.

Maltreating s taken on

a prize.

July 17, 1862, 8.

8. v. 12, p. 607.

tives from serv

ART. 18. If any officer or person in the naval service Returning fugi employs any of the forces under his command for the pur- ice. pose of returning any fugitive from service or labor, he, Mar. 13, 1862, s. shall be dismissed from the service.

1, v. 12, p. 35.

serters, minors,

ete.

Mar. 3, 1865, s. 18. v. 13, p. 490;

ART. 19. Any officer who knowingly enlists into the naval Enlisting de service any deserter from the naval or military service of the United States, or any insane or intoxicated person, or any minor between the ages of fourteen and eighteen years, May 12, 1879, v. 21, without the consent of his parents or guardian, or any minor under the age of fourteen years, shall be punished as a courtmartial may direct.

ART. 20. Every commanding officer of a vessel in the Navy shall obey the following rules:

p. 3.

See note 4. note 4

on board.

First. Whenever a man enters on board, the command- Men ing officer shall cause an accurate entry to be made in the ship's books, showing his name, the date, place, and term of his enlistment, the place or vessel from which he was received on board, his rating, his descriptive list, his age, place of birth, and citizenship, with such remarks as may be necessary.

Second. He shall, before sailing, transmit to the Secretary of the Navy a complete list of the rated men under his command, showing the particulars set forth in rule one, and a list of officers and passengers, showing the date of their entering. And he shall cause similar lists to be made out on the first day of every third month and transmitted to the Secretary of the Navy as opportunities occur, accounting therein for any casualty which may have happened since the last list.

received

List of officers, men, and passengers.

sertions.

Third. He shall cause to be accurately minuted on the Deaths and deship's books the names of any persons dying or deserting, and the times at which such death or desertion occurs. Fourth. In case of the death of any officer, man, or pas- Property of desenger on said vessel, he shall take care that the paymaster

Note 4.-Secs. 1418, 1419, and 1420, Revised Statutes, have been amended forbidding the enlistment of minors under fourteen instead of fifteen years of age.

ceased persons.

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