17 July 1862.

How testimony to be taken.

Punishment of perjury.

Form of indictment.

Oath of witnesses.

Copy of charges

the accused.

Officers under arrest.

for the government of the navy, and my own conscience; and 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, nor will I, 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."

54. ART. XIII. All testimony given to a general court martial shall be on oath or affirmation, which the president of the court is hereby authorized to administer; and if any person shall refuse to give his evidence as aforesaid, or shall prevaricate, or shall behave with contempt to the court, it shall and may be lawful for the court to imprison such offender at their discretion: Provided, That the imprisonment in no case shall exceed two months. And every person who shall commit wilful perjury on examination on oath or affirmation before such court, or who shall corruptly procure or suborn any person to commit such wilful perjury, shall and may be prosecuted by indictment or information in any court of justice of the United States, and shall suffer such penalties as are authorized by the laws of the United States in cases of perjury, or the subornation thereof. And in every prosecution for perjury, or the subornation thereof, under this act, it shall be sufficient to set forth the offence charged on the defendant, without setting forth the authority by which the court was held, or the particular matters brought or intended to be brought before said court.

55. ART. XIV. The following oath shall be administered to witnesses before courts martial and courts of inquiry:

"You do solemnly swear (or affirm, as the case may be) 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 and recollection in relation to the charges. So help you God" (or this you do under the pains and penalties of perjury.)

56. ART. XV. The person accused shall be furnished with a true copy of the charges, to be delivered to with the specifications, at the time he is put under arrest; nor shall any other charges than those so exhibited be urged against the person to be tried before the court, unless it appear to the court that intelligence of such charge had not reached the officer ordering the court, when the person so tried was put under arrest, or that some witness material to the support of such charge, who was at that time absent, can be produced, in which case reasonable time shall be given to the person to be tried to make his defence against such new charge. Every officer so arrested is to deliver up his sword to his commanding officer, and to confine himself to the limits assigned him, under the pain of dismission from the service. 57. ART. XVI. When the proceedings of any general court martial shall have commenced, they shall not be suspended or delayed on account of the absence of any of the members, provided five or more be assembled; but the court is enjoined to sit from day to day, Sundays excepted, until sentence be given, unless temporarily adjourned by the authority which convened the court. And no member of said court shall, after the proceedings are begun, absent himself therefrom, unless in case of sickness or orders to go on duty from a superior officer, on pain of being cashiered.

Sittings of courts martial.

Proceedings in Onse of the absence of a member.

Suspension of pay.

Confirmation of sentence.

58. ART. XVII. If a member of a court martial shall, from any legal cause, fail to attend after the commencement of a case, and witnesses shall be examined during his absence, the court must, when he is ready to resume his seat, cause every person who may have been examined in his absence to be called into court, and the recorded testimony of each witness must be read over to him, and such witness must acknowledge the same to be correct, and be subject to such further examination as the said member may require; and without a compliance with this rule, and an entry of it upon the record, a member who shall have been absent during the examination of a witness shall not be allowed to sit again in that particular case.

59. ART. XVIII. Whenever a court martial shall sentence an officer to be suspended, the court shall have the power to suspend his pay and emoluments for the whole or any part of the time of his suspension.

60. ART. XIX. All sentences of courts martial which shall extend to the loss of life, shall require the concurrence of two-thirds of the members present; and no such sentence shall be carried into execution until confirmed by the president of the United States (a) All other sentences may be determined by a majority of votes, and carried into execution on confirmation of the commander of the fleet, (b) or officer ordering the court; except such as go to the dismission of a commissioned or warrant officer, which are first to be approved by the president of the United States.

(a) After a sentence of dismissal from the service has been approved and carried into execution, the president cannot reconsider his approval, and revoke the sentence. 11 Opin. 19, 251.

(b) A sentence, dismissing from the service an acting master's mate, may be carried into execution, on the confirmation of the officer ordering the court. 11 Opin. 251.

61. ART. XX. Every officer who is by this act authorized to convene courts martial 17 July 1862. shall have power, on revisal of its proceedings, to remit or mitigate, but not to com- Power to miti mute the sentence of any such court, which by this act he is authorized to approve gate sentence. and confirm.

ishments to be

62. ART. XXI. It shall be the duty of a court martial, in all cases of conviction, to Adequate punadjudge a punishment adequate to the character and nature of the offence committed; inflicted. but the members of a court may recommend the person convicted as deserving of clemency, and state on the record their reasons for so doing.

63. ART. XXII. The judgment of every court martial shall be authenticated by the Authentication signature of the president, and all the members of the same who may be present when of judgment. the said judgment shall be pronounced, and also of the judge advocate. (a)

64. ART. XXIII. Courts of inquiry may be ordered by the president of the United Courts of inquiry. States, the secretary of the navy, or the commander of a fleet or squadron, provided such court shall not consist of more than three members, who shall be commissioned officers, and a judge advocate, or person to do duty as such; and such courts shall have power to summon witnesses, administer oaths, and punish contempt in the same manner as courts martial. But such court shall merely state facts, and not give their opinion unless expressly required so to do in the order for convening; and the party whose conduct shall be the subject of inquiry, or his attorney, shall have permission to crossexamine all the witnesses.

65. ART. XXIV. The proceedings of the courts of inquiry shall be authenticated by Authentication of proceedings. the signature of the president of the court and judge advocate, and shall, in all cases not capital, or extending to the dismission of a commissioned or warrant officer, be evidence before a court martial, provided oral testimony cannot be obtained.

66. ART. XXV. The judge advocate, or person officiating as such, shall administer to Oath of members. the members the following oath or affirmation:

"You do swear (or affirm) well and truly to examine and inquire, according to the evidence, into the matter now before you, without partiality or prejudice."

After which the president shall administer to the judge advocate, or person officiating Oath of judge adas such, the following oath or affirmation:

vocate.

"You do swear (or affirm) truly to record the proceedings of this court, and the evidence to be given, in the case in hearing."

67. The prize-money belonging to the officers and men shall be distributed in the following manner: (b)

Ibid. § 3.

Distribution of

I. To the commanding officer of a fleet or squadron, one twentieth part of all prize- prize-money. money awarded to a vessel or vessels under his immediate command.

II. To the commander of a single ship, one tenth part of all prize-money awarded to the ship under his command, if such ship, at the time of making the capture, was under the immediate command of the commanding officer of a fleet or squadron; and three-twentieths, if his ship was acting independently of such superior officer.

III. The share of the commanding officer of the fleet or squadron, if any, and the share of the commander of the ship being deducted, the residue shall be distributed and apportioned among all others doing duty on board, and borne upon the books, according to their respective rates of pay in the service.

sels to share.

IV. When one or more vessels of the navy (c) shall be within signal distance of When other vesanother making a prize,(d) all shall share in the prize, and money awarded shall be apportioned among the officers and men of the several vessels according to the rates of pay of all on board who are borne upon the books, after deducting one-twentieth to the flag officer, if there be any such entitled to share.

V. No commander of a fleet or squadron shall be entitled to receive any share of prizes taken by vessels not under his immediate command; nor of such prizes as may have been taken by ships or vessels intended to be placed under his command, before they have acted under his immediate orders; nor shall a commander of a fleet or squadron, leaving the station where he had the command, have any share in the prizes taken by ships left on such station, after he has gone out of the limits of his said command, nor after he has transferred his command to a successor.

When flag offititled.

cers to be en

&c.

VI. No officer or other person who shall have been temporarily absent on duty from Absent officers, the vessel, on the books of which he continued to be borne while so absent, shall be deprived, in consequence of such absence, of any prize-money to which he would otherwise be entitled.

(a) Any person interested in the record of a naval court martial, is entitled to an exemplified copy of it. 11 Opin. 137.

(b) The second, sixth and twelfth sections of this act are repealed by act 30 June 1864, 35. 13 Stat. 15. Co-operation in a blockade does not constitute the blockading vessels, joint captors. The Cherokee, 2 Spr. 235.

(c) An armed merchant vessel, though co-operating in the

VOL. II.-29

capture, is not entitled to share. The Merrimac, Blatch. Pr. Cas.

584.

(d) See The Cherokee, 2 Spr. 235. The Atlanta, Ibid. 251; s. c. 3 Wall. 425. The Aries, 2 Spr. 262. The St. John, Ibid. 266. The Ella and Anna, Ibid. 267. The Anglia, Blatch. Pr. Cas. 566. The Ella, 2 Int. R. Rec. 117. The Selma, 1 Am. L. Rev. 84.

17 July 1862 4. Bounty for ves

action.

68. A bounty shall be paid by the United States for each person on board any ship or vessel of war belonging to an enemy, at the commencement of an engagement, which sels destroyed in shall be sunk or otherwise destroyed in such engagement, by any ship or vessel belonging to the United States, or which it may be necessary to destroy in consequence of injuries sustained in action, of one hundred dollars, if the enemy's vessel was of inferior force; and of two hundred dollars, if of equal or superior force; to be divided among the officers and crew in the same manner as prize-money; and when the actual number of men on board any such vessel cannot be satisfactorily ascertained, it shall be estimated according to the complement allowed to vessels of their class in the navy of the United States; and there shall be paid as bounty to the captors of any vessel of war captured from an enemy, which they may be instructed to destroy, or which shall be immediately destroyed for the public interest, but not in consequence of injuries received in action, fifty dollars for every person who shall be on board at the time of such capture.

Ibid. 5.

Proceedings on
Capture of a

prize.

Ibid. 7. Nothing to be

before condemnation.

69. The commanding officer of every vessel, or the senior officers of all vessels of the navy, which shall capture or seize upon any vessel or vessels as a prize, shall carefully preserve all the papers and writings found on board, and transmit the whole of the originals, unmutilated, to the judge of the district to which such prize is ordered to proceed, with the necessary witnesses, and a report of the circumstances attending the capture, stating the names of vessels claiming a share thereof; and the commanding officer of every vessel in the navy entitled to or claiming an award of prize-money, shall, as early as practicable after the capture, transmit to the navy department a complete list of the officers and men of his vessel entitled to share, inserting thereon the quality of every person rating, on pain of forfeiting his whole share of the prize-money resulting from such capture, and suffering such further punishment as a court martial shall adjudge.(a)

70. 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 preservataken from prizes tion thereof, or absolutely necessary for the use of any of the vessels or armed forces of the United States, before the same shall be adjudged lawful prize by a competent court; but the whole, without fraud, concealment or embezzlement, shall be brought in and judgment passed thereon, upon pain that every person offending herein shall forfeit his share of the capture, and suffer such further punishment as a court martial shall adjudge.

71. No person in the navy shall strip off the clothes, or pillage or in any manner maltreat persons taken on board a prize, on pain of such punishment as a court martial shall adjudge.

72. All ransom-money, salvage, bounty, or proceeds of forfeiture or confiscation, accruing or awarded to any vessel of the navy, shall be distributed and paid to the officers and men entitled thereto, in the same manner as prize-money, under the direction of the secretary of the navy.

73. Any person entitled to wages or prize-money may have the same paid to his assignee, provided the assignment be attested by the captain and paymaster; and in case of the assignment of wages, the power shall specify the precise time they commence. But the commander of every vessel is required to discourage his crews from selling any part of their wages or prize-money, and never to attest any power of attorney until he is satisfied that the same is not granted in consideration of money given for the purchase of wages or prize-money.

74. All money accruing or which has already accrued to the United States from sale of prizes, shall be and remain for ever a fund for the payment of pensions to the officers, seamen and marines who may be entitled to receive the same; and if the said fund shall be insufficient for the purpose, the public faith is hereby pledged to make up the deficiency; but if it should be more than sufficient, the surplus shall be applied to the making of further provision for the comfort of the disabled officers, seamen and marines, which have been determined, or may still be pending within their respective districts, with a statement of the condition of each, in such form and embracing such particulars as the secretary of the navy may require, and shall, as often as once in each month thereafter, furnish a further statement of the condition of every case in their respective districts, and of any further proceedings had therein since their last returns. ** And it shall be the duty of the several marshals of the United States to furnish to the navy department, on request, or to its agent, a full and particular statement of the disposition of every prize vessel and cargo, in such form and with such details as the secretary of the navy may require, and as often as he may require the same; and said marshals shall also furnish to the navy department, or their aforesaid agent, a full and particular statement of all fees, charges and allowances of every description claimed by them in

(a) See tit. "Prize."

17 July 1862.

each case of prize, before the same are allowed by the court, and no such charges for disbursements of any kind shall be allowed, unless accompanied by the affidavit of the marshal that the same have been actually and necessarily incurred in the case; and it shall be the duty of the district attorney to attend on the settlement and allowance of all such bills, and protect the interests of the United States and of the captors against any improper and unlawful claims. And whenever a final decree of condemna- Sale of prizes. tion shall have been made, or any interlocutory sale has been ordered, the property shall be sold by the marshal pursuant to the practice and proceedings in admiralty, and the gross proceeds of such sale shall be forthwith deposited with the assistant treasurer of the United States, at or nearest to the place where such sale is made, and the money so deposited shall remain in the treasury of the United States until a final decree of distribution, or until a decree of restitution shall be made, and a certified copy thereof furnished, upon which the costs of court, and the lawful charges and expenses shall be paid, and the balance distributed according to said decree: Provided, That the annual Compensation of salaries of district attorneys, prize commissioners and marshals shall in no case be so increased, under the several acts for compensation in prize, so as to exceed, in the aggregate, the following sums, and any balance beyond the several sums shall be paid into the treasury, viz.: district attorneys, six thousand dollars; prize commissioners, three thousand dollars; marshals, six thousand dollars.

officers.

Ibid. 13.

Ibid. 14.

Authority of offi

on loss of or se; a ration from ves

75. Every officer, seaman or marine, disabled in the line of his duty, shall be entitled to receive for life, or during his disability, a pension from the United States according Pensions for disability. to the nature and degree of his disability, not exceeding in any case his monthly pay. 76. In all cases where the crews of the ships or vessels of the United States shall be separated from their vessels, by the latter being wrecked, lost or destroyed, all the command, power and authority given to the officers of such ships or vessels shall remain cers to continue and be in full force, as effectually as if such ship or vessel were not so wrecked, lost or destroyed, until such ship's company be regularly discharged from, or ordered again sel. into, the service, or until a court martial or court of inquiry shall be held to inquire into the loss of such ship or vessel; and if, by the sentence of such court or other satisfactory evidence, it shall appear to the secretary of the navy that all or any of the officers and men of such ship's company did their utmost to preserve her, and after the loss thereof behaved themselves agreeably to the discipline of the navy, then the pay and emoluments of such officers and men, or such of them as shall have done their duty as aforesaid, shall go on, until their discharge or death; and every officer or man who shall, after the loss of such vessel, act contrary to the discipline of the navy, shall be punished at the discretion of a court martial, in the same manner as if such vessel had not been so lost.

Ibid. 15.

77. All the pay and emoluments of the officers and men of any of the ships or vessels of the United States taken by the enemy, who shall appear by the sentence of a court Pay of prisoners martial, or otherwise, to have done their utmost to preserve and defend their ship or of war. vessel, and after the taking thereof have behaved themselves obediently to their superiors, agreeably to the discipline of the navy, shall go on, and be paid them, until their death, exchange or discharge.

Ibid. 16.

78. Each commanding officer shall, whenever a man enters on board, cause an accurate entry to be made in the ship's books of his name, the date, place and term of his enlist- Record of enlistment, the place or vessel from which he was received on board, his rating and his ments. descriptive list to include his age, place of birth and citizenship, with such remarks as may be necessary; and shall, before sailing, transmit to the secretary of the navy a Muster-roll. complete list or muster-roll of the rated men under his command, showing the particulars above set forth, and also a list of officers and passengers with the date of their entering; and he shall cause similar lists to be made out on the first day of every third month, to be transmitted to the secretary of the navy, as opportunities shall occur; accounting in such lists or muster-rolls for any casualties which may have taken place since the last list or muster-roll. He shall not receive on board any man transferred from any other Transfers. vessel or station to him, unless such man be 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, the period and term of service, the sums paid, the balance due him, the quality in which he was rated and his descriptive list. He shall cause to be accurately Death and deserminuted on the ship's books the names of and times at which any death or desertion may occur; and in case of death, shall take care that the paymaster secure all the property of the deceased for the benefit of his legal representative or representatives. He Inspections. shall cause frequent inspections to be made into the condition of the provisions, and use every precaution for their preservation. He shall, whenever he orders officers and men Prize-crews. to take charge of a prize and proceed to the United States, and whenever officers or men are sent from his ship, for whatever cause, take care that each man be furnished with a complete statement of his account, specifying the date of his enlistment, the periods

tion.

17 July 1862.

Hospital.

and terms of his service and his descriptive list; which account shall be signed by the Articles of war. commanding officer and paymaster. 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. 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 shall so advise, and shall direct that some of the crew attend them and keep the place clean. 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 when his crew is finally paid off he shall attend in person, or appoint a proper officer, to see that justice be done to the men and to the United States in the settlement of the accounts. Any commanding officer offending herein shall be punished at the discretion of a court martial.

Ibid. 17. Expiration of

Temporary de

tention.

79. It shall be the duty of the commanding officer of any fleet, squadron or vessel acting singly, when on service, to send to an Atlantic port of the United States, in some term of service. public or other vessel, all petty officers and persons of inferior ratings desiring to go there at the expiration of their terms of service, or as soon thereafter as may be, unless in his opinion the detention of such persons for a longer period should be very essential to the public interests; in which case he may detain them, or any of them, until the vessel to which they belong shall return to such Atlantic port; and in case of such detention, the persons so sent home or so detained shall be subject in all respects to the laws and regulations for the government of the navy, until their return to an Atlantic port, and their regular discharge. And all persons who shall be so detained beyond their terms of service, or who shall, after the termination of their service, voluntarily re-enter to serve until the return to an Atlantic port of the vessel to which they belong, and their regular discharge therefrom, shall for the time during which they are so detained, or shall so serve beyond their original terms of service, which shall in no case exceed thirty days after their arrival in an Atlantic port, receive an addition of one-fourth of their former pay: Provided, That the shipping articles shall hereafter contain the substance of this section.

Ibid. 18. Petty officers.

Ibid. 19.

80. All officers not holding commissions or warrants, or who are not entitled to them, except such as are temporarily appointed to the duties of a commissioned or warrant officer, or secretaries and clerks, shall be deemed petty officers, and shall be entitled to obedience in the execution of their offices from those of inferior ratings.

81. The secretary of the navy shall cause each commissioned or warranted officer of Regulations to be the navy, on his entry into the service, to be furnished with a copy of the regulations and general orders of the department then in force, and thereafter with a copy of all such as may be issued.

furnished.

7 June 1864 1. 13 Stat. 120.

heavers and fire

men.

14 Stat. 516.

82. Honorable discharges may be granted to coal-heavers and firemen in the naval service of the United States, in the same manner and subject to the same conditions as Discharge of coal- such discharges are now granted to seamen, ordinary seamen, landsmen and boys. 83. That the fourth section of the " Act to provide a more efficient discipline for the 2 Mar. 1867 5. navy," approved March 2d 1855, (a) be and hereby is so amended, that the authority therein given to the commander of any vessel in the navy to convene summary courts martial, shall require the approval of the proceedings by the commander-in-chief, when present in port, and in his absence, that of the senior officer present, in all cases, before carrying the sentence into execution; and in all cases where the sentence involves loss of pay, that part of such sentence shall be subject to the approval or disapproval of the secretary of the navy.

Authority for

eummoning summary courts mar

tial.

Approval of sen. tences.

21 Feb. 1861 23. 12 Stat. 150.

Retired list.

Pay.

Ibid. 4.

Vacancies to be filled.

31 July 1861 1. 12 Stat. 284.

3 March 1864 2 6. 13 Stat. 539.

IV. MEDICAL DEPARTMENT.

84. The president of the United States is hereby authorized to place on a retired list any medical officer of the navy who is now or may hereafter be proved to be permanently incapable, from physical or mental infirmity, of further service at sea; and the pay of officers so retired shall be the leave of absence pay of their respective grades, as it existed prior to the passage of the act of congress to regulate the pay of the navy, approved June 1st 1860.(b)

85. All vacancies in the medical corps of the navy caused by the foregoing section shall be filled in accordance with established usage: Provided, The number of medical officers on the active list shall not exceed the number authorized by existing laws.

86. The medical corps of the navy shall consist of eighty surgeons, and one hundred and twenty passed and other assistant surgeons.

87. Acting passed assistant surgeons and acting surgeons may be appointed in the same manner as acting assistant surgeons are now appointed, who shall receive the compensation of their respective grades.

(a) 1 vol. 667, pl. 89. This act does not interfere with the previously existing power of the commander of a vessel, to reduce a

seaman to an inferior rating, for incompetency. 10 Opin. 168. (b) See supra 25.