Deserting duty in battle. 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 command-, Neglecting or ders to prepare ing officer, and use his utmost exertions to carry them into execution, for battle. when ordered to prepare for or join in, or when actually engaged in, battle, or while in sight of an enemy; Neglecting to Sixteenth. Or, being in command of a fleet, squadron, or vessel acting singly, neglects, when an engagement is probable, or when an armed clear for action. 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; Neglecting to join on signal for battle. Eighteenth. Or fails to encourage, in his own person, his inferior offi- Failing to en cers and men to fight courageously; courage the men 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 Failing to afforp vessels belonging to the United States or their allies when engaged in battle. 23 April, 1800, v. 2, p. 47. 17 July, 1862, v. 12, p. 601. relief in battle. ART. 5. All persons who, in time of war, or of rebellion against the Spies. supreme authority of the United States, come or are found in the capac ity 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 courtmartial may adjudge.* 17 July, 1862, s. 1, v. 12, p. 602, art. 4. 3 Mar., 1863, s. 38, v. 12, p. 737. 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 court-martial and punished with death. [See PIRACY, &c., Part IV. J 17 July, 1862, s. 1, v. 12, p. 602, art. 5. IMPRISONMENT FOR LIFE, ETC. Murder. Imprisonmen ART. 7. A naval court-matial may adjudge the punishment of imprisonment for life, or for a stated term, at hard labor, in any case where na penitentiary. 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 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. 17 July, 1862, s. 1, v. 12, p. 602, art. 6. NOTE-A naval or marine court-martial, upon conviction for an offence not capital, under articles 7 and 8, may sentence to imprisonment at hard labor.— Ops. 12, p. 510, Evarts, Oct. 9, 1868; 10, p. 158, Bates, Nov. 1, 1861; 9; 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, &c., may be legally visited with this punishment.-Winthrop's Digest, p. 80. The same principles are now applied by the Navy Department. OFFENSES PUNISHABLE AT DISCRETION OF COurt. ART. 8. Such punishment as a court-martial may adjudge may be in flicted on any person in the Navy First. Who is guilty of profane swearing, falsehood, drunkenness, Profanity, falsegambling, fraud, theft, or any other scandalous conduct tending to the hood, &c. destruction of good morals; - 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. Cruelty. Quarreling. Fomenting quarrels. Duels. 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; Contempt of Sixth. Or treats his superior officer with contempt, or is disrespectful superior officer. 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 against superior authority of, or lessen the respect due to, his commanding officer; 17 July, 1862, s. 1, v. 12, p. 602, art. 7. officer. Mutinous Eighth. Or utters any seditious or mutinous words; words. Neglect of or ders. Preventing de 23 April, 1800, art. 13, v. 2, p. 47. 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 struction of pub- destruction of public property by others; lic property. Negligent stranding. Negligence in convoy service. Receiving articles for freight. False muster. Waste of pub. 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 proplic property, &c. erty, or, having power to prevent it, knowingly permits such waste; Plundering on shore. Refusing to apprehend offend ers. Refusing to receive prisoners. Absence from Sixteenth. Or, when on shore, plunders, abuses, or maltreats any inhabitant, or injures his property in any way; Seventeenth. Or refuses, or fails to use, his utmost exertions to detect, apprehend, and bring to punishment all offenders, or to aid all persons appointed for that purpose; Eighteenth. Or, when rated or acting as master-at-arms, refuses to receive such prisoners as may be committed to 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 duty without after his leave has expired; leave. Violating gen. Twentieth. Or violates or refuses obedience to any lawful general eral orders or 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 from 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. 23 April, 1800, v. 2, p. 47. 17 July, 1862, v. 12, p. 602. REDUCTION OF OFFICERS, AND DESERTION. ART. 9. Any officer who absents himself from his command without may be reduced. of an ordinary seaman. without leave leave, may, by the sentence of a court-martial, be reduced to the rating Desertion by resignation. 16 May, 1864, s. 2, v. 13, p. 75. 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 permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter. [See DISMISSAL; also DESERTION.] 5 Aug. 1861, s. 2, v. 12, p. 316. DEALING IN SUPPLIES-IMPORTATIONS-DISTILLED SPIRITS. account. ART. 11. No person in the naval service shall procure stores or other Dealing in suparticles or supplies for, and dispose thereof to, the officers or enlisted plies on private men on vessels of the Navy, or at navy-yards or naval stations, for his own account or benefit. 26 Aug, 1842, s. 1, v. 5, p. 535. ART. 12. No person connected with the Navy shall, under any pre-Importing du tiable goods in tense, import in a public vessel any article which is liable to the pay-public vessels. ment of duty. 30 July, 1846, s. 10, v. 9, p. 44. ART. 13. Distilled spirits shall be admitted on board of vessels of war Distilled spirits. only upon the order and under the control of the medical officers of such only as medical vessels, and to be used only for medical purposes. 14 July, 1862, s. 4, v. 12, p. 565. FRAUD, FORGERY, THEFT, ETC. stores. ART. 14. Fine and imprisonment, or such other punishment* as a court- Certain crimes of fraud against martial may adjudge, shall be inflicted upon any person in the naval the United States. service of the United StatesWho presents or causes to be presented to any person in the civil, Presenting military, or naval service thereof, for approval or payment, any claim false claims. 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, the allowance or payment of any false or fraudulent claim; 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 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 Agreement to obtain payment of false claims. False papers. Who, for the purpose of obtaining, or aiding others to obtain, the Perjury. 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 Forgery. 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 Delivering less Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the naval property than receipt calls for. 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 Giving receipts receipt of any money or other property of the United States, furnished without knowing 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 truth of Who steals, embezzles, knowingly and willfully misappropriates, ap Stealing, wrong plies to his own use or benefit, or wrongfully and knowingly sells or dis- fully selling, &c. poses 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 prop Who knowingly purchases, or receives in pledge for any obligation Buying publie or indebtedness, from any other person who is a part of or employed in military said service, any ordnance, arms, equipments, ammunition, clothing, erty. *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. Oti.er frauds. subsistence stores, or other property of the United States, such other person not having lawful right to sell or pledge the same; or 2 March, 1863, s. 1, v. 12, p. 696. Who executes, attempts, or countenances any other fraud against the United States. 17 July, 1862, art. 7, v. 12, p. 602. Liable to arrest And if any person, being guilty of any of the offenses described in and trial after this article while in the naval service, receives his discharge, or is disdischarge and dismissal. missed 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. 2 March, 1863, s. 2, v. 12, p. 697. DUTY AS TO PRIZES AND THEIR CREWS. ART. 15. The commanding officer of every vessel in the Navy entitled to or claiming an award of prize-money shall, as soon as it may be practicable after the capture, transmit to the Navy Department a complete list of the officers and 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. [See § 4615, PRIZE.] 17 July, 1862, s. 5, v. 12, p. 607. Removing prop ART. 16. No person in the Navy shall take out of a prize, or vessel erty from a prize. seized as a prize, any money, plate, goods, or any part of her equipment, unless it be for the better preservation 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 court-martial may direct. Maltreating per Id., s. 7. ART. 17. If any person in the Navy strips off the clothes of, or pilsons taken on a lages, or in any manner maltreats, any person taken on board a prize, prize. he shall suffer such punishment as a court-martial may adjudge. Id., s. 8. FUGITIVES FROM SERVICE. Returning fugiART. 18. If any officer or person in the naval service employs any of tives from serv- the forces under his command for the purpose of returning any fugitive from service or labor, he shall be dismissed from the service. ce. Enlisting &c. de 13 March, 1862, s. 1, v. 12, p. 354. ENLISTING DESERTERS, MINORS, ETC. ART. 19. Any officer who knowingly enlists into the naval service serters, minors, 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 fifteen* and eighteen years, without the consent of his parents or guardian, or any minor under the age of fifteen* years, shall be punished as a court-martial may direct. [See § § 1418, 1419, 1420, SEAMEN, NAVY.] 12 May, 1879, v. 21, p. 3. Men received on board. 3 March, 1865, s. 18, v. 13, p. 490. RULES FOR COMMANDING OFFICERS. ART. 20. Every commanding officer of a vessel in the Navy shall obey the following rules: First. Whenever a man enters on board, the commanding 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 neces sary. *Sections 1418, 1419, and 1420 Revised Statutes have been amended forbidding the enlistmont of minors under fourteen instead of fifteen years of age. gers. Second. He shall, before sailing, transmit to the Secretary of the List of officers' Navy a complete list of the rated men under his command, showing the men, and passen 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 Deaths and de' be made out on the first day of every third month and transmitted to sertions. the Secretary of the Navy as opportunities occur, accounting therein for any casualty which may have happened since the last list. Third. He shall cause to be accurately minuted on the ship's books Property of de the names of any persons dying or deserting, and the times at which ceased persons. such death or desertion occurs. Fourth. In case of the death of any officer, man, or passenger on said Accounts of vessel, he shall take care that the paymaster secures all the property men received. 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. of Accounts men sent from 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 the ship. 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 conInspection of dition of the provisions on his ship, and use every precaution for their provisions. preservation. Attendance at final payment of Eighth. He shall frequently consult with the surgeon in regard to the Health of crew. 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 Punishment for article shall be punished as a court-martial may direct. 17 July, 1862, s. 16, v. 12, p. 609. AUTHORITY OVER CREW AFTER LOSS OF VESSEL. ART. 21. When the crew of any vessel of the United States are separated from their vessel by means of her 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 courtmartial may direct. 17 July, 1862, s. 14, v. 12, p. 609. crew. Articles to be hung up and read. offending against this article. Authority of officers after loss of vessel. OFFENSES NOT SPECIFIED AND ON SHORE. ART. 22. All offenses committed by persons belonging to the Navy which are not specified in the foregoing articles shall be punished as a court-martial may direct. NOTE.-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, January 25, 1881. Offenses specified. not |