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count on the return of such absent commanding officer. Nor shallany commanding officer receive on board any petty officers or men turned over from any other veifel to him, unless each of such officers and men produce to him an account signed by the captain and purser of the vessel from which they cane, specifying the date of fuch officer's or man's entry, the period and terms of service, the sums paid and the balance due him, and the quality in which he was rated on board such ship. Nor shall any commanding officer, having received any petty officer or man as aforesaid, rate hirn in a lower or worse station than that in which he formerly served: Any commanding officer offending herein, shall be punished at the diseretion of a court inartial.

Art. XXXI. Any master at armis, or other Master at person of whom the duty of master at arms is arms. required, who shall refuse to receive such pri. foners as shall be committed to his charge, or having received them, shall suffer them to efcape, or dismiss them without orders from proper authority, shall suffer in such prisoners stead, or be punished otherwise at the discretion of a court martial.

Art. XXXII. All crimes committed by per- Crimes fons belonging to the navy, which are not spe- not fpecicified in the foregoing articles, shall be punish- fied. ed according to the laws and customs in such cases at sea. . .

Art. XXXIII. All officers, not holding com- ww missions or warrants, or who are not entitled to petty offithem, except such as are temporarily appointed cers. to the duties of a commissioned or warrant officer, are deemed. petty officers.

Art. XXXIV. Any person entitled to wages Allign. or prize money, may have the same paid to his ment of

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wages and assignee, provided the assignment be attested by prize mo- the captain and purser; and in case of the affignney.

ment of wages, the power shall specify the precise time they commence. But the commander of every vessel is required to discourage his crew 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.

NAVAL GENERAL Courts MARTIAL.

Art. XXXV. General courts martial may be Appoint- convened as often as the President of the United ment of States +

States, the Secretary of the Navy, or the comnaval ge

eral mander in chief of the fleet, or commander of a courts squadron, while acting out of the United States,

shall deem it necessary : Provided, that no general court martial shall consist of more than thirteen, nor less than five members, and as many officers shall be summoned on every such court as can be convened without injury to the service, so as not to exceed thirteen, and the senior officer shall always preside, the others ranking agreeably to the date of their commissions; and in no case, where it can be avoided without injury to the service, shall more than one half the members, exclusive of the Presi. dent, be junior to the officer to be tried.

Art. XXXVI. Each member of the court, before proceeding to trial, shall take the following oath or affirmation, which the Judge Advocate, or person officiating as such, is here

by authorized to administer. Oath of

-I, A. B. do swear (or affirm] that I will members truly try, without prejudice or partiality, the of general cafe now depending, according to the evidence courts which shall come before the court, the rules for martial.

the government of the navy, and my own con

science; and that I will not by any means di. vulge 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 difclose the vote or opinion of any particular member of the court, unless required fo to do before a court of justice in due course of law.""

*This oath or affirmation being duly administered, the President is authorized and required to administer the following oath or affirmation to the Judge Advocate, or person officiating as such.

“1, A. B. do swear (or affirm 7that I will keep Oath of a true record of the evidence given to and the the judge proceedings of this court; nor will I divulge or ad by any means disclose the sentence of the court until it shall have been approved by the proper authority; nor will I at any time divulge or dirclose the vote or opinion of any particular member of the court, unless required fo to dd before a court of justice in due course of law.

Art. XXXVII. All testimony given to a ge- Giving of neral court martial shall be on oath or affirma- testimony, tion, which the Prefident 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 perfon 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 fhall suffer such penalties as are authorized by

120 ) 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 the said court. Exhibi

Art. XXXVIII. All charges, on which an aption of plication for a general court martial is founded, charges. Thall be exhibited in writing to the proper offi

cer, and the person demanding the court shall take care that the person accused be furnished with a true copy of the charges, with the speci. fications, at the time he is put under arreit, nor fhall any other charge or charges, than those fo exhibited, be urged against the person to be tried before he court, unless it appear to the court that intelligence of such charge had not reached the person demanding the court, when the person so to be tried was put under arrest, or that some witness material to the support of such charge, who was at that time abfent, 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 Treat.. officer so arrelted is to deliver up his sword to

his commanding officer, and to confine himself an arref

to to the limits assigned him, under pain of difcer. mission from service.

Art. XXXIX. When the proceedings of any Continu- me

general court martial shall have commenced, ance of general they shall not be suspended or delayed on accourts count of the absence of any of the members, martial. provided five or more be assembled; but the

court is enjoined to fit from day to day, Sundays excepted, until sentence be given : And no member of faid court shall, after the pro.

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ceedings 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.

Art. XL. Whenever a court martial shall fen- Order of tence any officer to be suspended, the court shall fufpenfihave power to suspend his pay and emoluments on. for the whole, or any part of the time of his suspension.

Art. XLI. All fentences of courts martial, which shall extend to the loss of life, shall require the concurrence of two-thirds of the mem. How fenbers present; and no such sentence shall be car

"to be givried into execution, until confirmed by the Pre- en and sident of the United States; or if the trial take confirma place out of the United States, until it be con- ed. firmed by the commander of the fleet or squadron : All other sentences may be determined by a majority of votes, and carried into execution on confirmation of the commander of the fleet, 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 court martial shall not, for any one offence not capital, inflict a punishment beyond one hundred lashes.

Art. XLII. The President of the United States, or when the trial takes place out of the United Pardon States, the commander of the fleet or squadron, tion of

mitigashall possess full power to pardon any offence punishcommitted against these articles, after convic- ments. tion, or to mitigate the punishment decreed by a court martial. I

Sec. 2. Art. I. And be it further enacted, That Courts of courts of enquiry may be ordered by the Presi- may

Pref enquiry dent of the United States, the Secretary of the ordered.

VOL. V.

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