Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Oaths of

Navy, or the commander of a fleet or fquadron, provided fuch court shall not confift of more than three members who fhall be commiffioned officers, and a judge advocate, or person to do duty as fuch; and fuch courts fhall have power to fummon witneffes, adminifter oaths, and punish contempt in the fame manner as courts martial. But fuch court fhall merely ftate facts, and not give their opinion, unless exprefsly required fo to do in the order for convening; and the party, whose conduct shall be the fubject of enquiry, shall have permiffion to crofs examine all the witneffes.

Art. II. The proceedings of courts of enquiry fhall be authenticated by the fignature of the prefident of the court and judge advocate, and fhall, in all cafes not capital, or extending to the difmiffion of a commiffioned or warrant officer, be evidence before a court martial, provided oral testimony cannot be obtained.

Art. III. The judge advocate, or person offithe mem- ciating as fuch, fhall adminifter to the members bers and the following oath or affirmation: judge ad

vocate.

"You do fwear, [or affirm] well and truly to examine and enquire according to the evidence, into the matter now before you, without partiality or prejudice."

After which, the prefident fhall adminifter to the judge advocate, or perfon officiating as fuch, the following oath or affirmation:

"You do fwear, [or affirm] truly to record the proceedings of this court, and the evidence to be given in the cafe in hearing."

Sec. 3. And be it further enacted, That in all cafes, where the crews of the fhips or veffels of the United States fhall be feparated from their veffels, by the latter being wrecked, loft or deftroyed, all the command, power, and autho

force.

rity, given to the officers of fuch fhips or veffels, In case of shall remain and be in full force as effectually as lots of if such ship or veffel were not fo wrecked, loft, the com or destroyed, until fuch fhip's company be re- mand of gularly discharged from, or ordered again into the offithe fervice, or until a court martial fhall be held cers fhali to enquire into the lofs of fuch fhip or veffel; remain in and if by the sentence of fuch court, or other fatisfactory evidence, it shall appear that all or any of the officers and men of fuch fhip's company did their utmost to preserve her, and after the lofs thereof behaved themselves agreeably to the discipline of the navy, then the pay and emoluments of fuch officers and men, or fuch of them as fhall have done their duty as aforefaid, fhall go on until their discharge or death; and every officer or private who fhall, after the lofs of fuch veffel, act contrary to the difcipline of the navy, fhall be punished at the difcretion of a court martial, in the fame manner as if such vessel had not been fo loft.

Sec. 4. And be it further enacted, That all the Pay of and emoluments of fuch officers and men, captives pay of any of the ships or veffels of the United States to contitaken by an enemy, who fhall appear by the fen- nue. tence of a court martial, or otherwise, to have done their utmost to preserve and defend their ship or veffel, and, after the taking thereof, have behaved themselves obediently to their fuperiors, agreeably to the difcipline of the navy, fhall go on and be paid them until their death, exchange, or discharge.

Sec. 5. And be it further enacted, That the proceeds of all fhips and vessels, and the goods To whom taken on board of them, which fhall be adjudg. the proed good prize, fhall, when of equal or fuperior force to the veffel or veffels making the capture, hall ac

ceeds of

prizes

be the fole property of the captors; and when crue.

Diftribution of

of inferior force, fhall be divided equally between the United States and the officers and men making the capture.

Sec. 6. And be it enacted, That the prize money, belonging to the officers and men, fhall prize mo- be diftributed in the following manner:

ney.

I. To the commanding officers of fleets, fquadrons, or fingle fhips, three twentieths, of which the commanding officer of the fleet or fquadron fhall have one twentieth, if the prize be taken by a ship or veffel acting under his command, and the commander of fingle fhips, two twentieths; but where the prize is taken by a fhip acting independently of fuch fuperior officer, the three twentieths fhall belong to her commander.

II. To sea lieutenants, captains of marines, and failing masters, two twentieths; but where there is a captain, without a lieutenant of marines, these officers fhall be entitled to two twentieths and one-third of a twentieth, which third, in fuch cafe, fhall be deducted from the fhare of the officers mentioned in article No. III. of this fection.

III. To chaplains, lieutenants of marines, furgeons, pursers, boatswains, gunners, carpenters, and masters mates, two twentieths.

IV. To midshipmen, furgeons mates, captains clerks, fchoolmafters, boatswains mates, gunners mates, carpenters mates, fhips' ftewards, fail makers, mafters at arms, armourers, cockswains, and coopers, three twentieths and an half.

V. To gunners yeomen, boatfwains yeomen, quarter mafters, quarter gunners, fail makers mates, ferjeants and corporals of marines, drummers, fifers and extra petty officers, two twentieths and an half.

VI. To feamen, ordinary seamen, marines, and all other perfons doing duty on board, feven twentieths.

VII. Whenever one or more public fhips or veffels are in fight at the time any one or more ships are taking a prize or prizes, they fhall all share equally in the prize or prizes, according to the number of men and guns on board each fhip in fight.

No commander of a fleet or fquadron shall be entitled to receive any fhare of prizes taken by veffels not under his immediate command; nor of fuch prizes as may have been taken by ships or veffels intended to be placed under his command, before they have acted under his immediate orders; nor fhall a commander of a fleet or fquadron, leaving the station where he had the command, have any fhare in the prizes taken by fhips left on fuch station, after he has out of the limits of his faid command.

gone

cafes.

Sec. 7. And be it further enacted, That a boun- Bounty ty fhall be paid by the United States, of twenty given in dollars, for each perfon on board any fhip of an certain enemy at the commencement of an engagement, which shall be funk or destroyed by any fhip or veffel belonging to the United States of equal or inferior force, the fame to be divided among the officers and crew in the fame manner as prize money.

Sec. 8. And be it further enacted, That every officer, feaman or marine, disabled in the line Penfions of his duty, fhall be entitled to receive for life, to perfons or during his disability, a penfion from the Uni- difabled ted States according to the nature and degree fervice. of his disability, not exceeding one half his monthly pay.

in the

U.States.

AppropriSec. 9. And be it enacted, That all money acation of cruing, or which has already accrued to the the part United States from the fale of prizes, fhall be of captur- and remain forever a fund for the payment of ed property belong- penfions and half pay, fhould the fame be hereing to the after granted, to the officers and feamen who may be entitled to receive the same; and if the faid fund fhall be infufficient for the purpose, the public faith is hereby pledged to make up the deficiency; but if it fhould be more than fufficient, the furplus fhall be applied to the making of further provifion for the comfort of the difabled officers, feamen, and marines, and for fuch as, though not disabled, may merit by their bravery, or long and faithful fervices, the gratitude of their country.

the form

Sec. 10. And be it further enacted, That the faid fund fhall be under the management and direction of the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, for the time being, who are hereby authorized to receive any fums to which the United States may be entitled from the fale of prizes, and employ and invest the fame, and the interest arising therefrom, in any manner which a majority of them may deem most advantageous: And it shall be the duty of the faid commiffioners to lay before Congrefs, annually, in the first week of their feffion, a minute ftatement of their proceedings relative to the management of faid fund.

Sec. 11. And be it further enacted, That the Repeal of act paffed the second day of March, in the year one thousand feven hundred and ninety-nine, entitled "An act for the government of the navy of the United States," from and after the

er act.

« ΠροηγούμενηΣυνέχεια »