Delaware State journal and statesman., 1862-09-19

| - ""Nt" VI hhy parl Oi lnb llule OF MS kurpen
| sion.
ARTICLE 10.
All sentences of courts martial which shal
extend 10 the loss of life shall require the con
cnrreuce of two thirds of the members present
anu ~ such SENTENCE shall be carried nio exc
cutlon until cOnilrnied by the President Of III,
United States All other sentences may be de
iernned bya majority Of votes, aud carrie,
INTO execution on confirmation OF the commando
OF tue lleet, or officer ordering the court, pxcep
snch NJ go to tile dismssiOn of u commissions,
or warrant officer, which ARE first To he approve,
ny the President OF the United States.
AETmLR420.
Every officer whu il by this act authorized Il
convene courts martial snail have power on re-
vlsal of its proceedings to remit or mitigate
court, which by this act he is authorized TO ap-
| prove and confirm
ARTICLE 2l.
1t shall be the duty OF a couitmartinl, ia al
cases Of conviction, to adiudge Punishment
adequate to the character and nature of the of.
fence committed; but the members of Il court
may recommend the person convicted az desery.
ing OF clemency, and state on the record theiI
reasons for 50 doing.
ARTlcIs %.
The judgment OF every court.martia shall he
authenticated by the signature of the president,
anu all the members Of the same who may be
present when the said judgment shall he pro-
n9uaeed' and also of the judge advocate.
ARTICLE 23.
Courts of inquiry may be ordered by the Pres.
ldent OF the United States, the Secretary of tile
Navy, or the commander Of fleet or squadron,
provided such court shall not consist of more
Than three members, who shall he comm ssone,l
officers, and Il judge advocate, or person to do
duty AS such aud such courts shall have pow
er to summon witnesses administer oaths, and
PUNISH contempt, in the same manner al courts
martial. But such court shall merely state
facts, and not give their opinion unless expressly
required so to do ia the order for oonvening (;
nnd the party whose conduct shall be the sub
Ject ul Inquiry, or his attorney, shall have per
mission ~ cross examine all the Witnesses
ARTICLE a.
The proceedings of the courts of inquiry shall
be authenticated by the signature of the presi-
dent of the court and judge advocate, aud shall
in all cases not capital, or extending to the dis
mission oi II commissioned or warrant officer,
be evidence before q court martial. provided oral
testimony cannnt be obtained
ARTICLE %.
The Judge advocate, or person officiating as
such, snail administer to the membera the fol
lowing oath OF affirmation:
"You do swear Tor aflrm) well and truly TO
examine mud inquire, according to the evidence,
into the matter now before you. without par
tialiiy or prejudice
Alter which the president shall administer to
the Judge advocate or person officiating as such,
the following oath or affirmation
You do swear Tor aflirm) truly Ia record the
proceedings OF this court unl the evidence To be
given in the case in hearing"
Sec . 4lmd BE- il .(artder eadctel, That the
proceeds of all ships and vessels, and the goods
taken on board OF them, which shall be all.
Judged good prize, shall, when of equal or su.
perur iurce TO the vessel or vessels making the
capture, be the sole property OF the capiors
and when of inferior force, shall be divided
equally between the United States and the off
GERS and men making the capture
Sec. 3. And be Il furfher enacied, That the
pr2e money belouging to the officers and men
shall be distributed iu the following manner:
First 10 the commanding officer OF fleet
or squadron, one twentieth purt of all prize
money awarded to vessel or vessels under his
command.
Second. To the commander of single ship,
onetenth part of all prize money awarded 10 |
the chip under his command, il such ship, at
the time Of making the capture, was under the !
of fleet or squadron, and three -twentielhs ii |
his ship was acting independently of such su.
perior officers.
Third The share of the commanding officer
of the fleet or squadron, if auy, 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 aud borne
upon the books, according to their respective |
rates Of pay in the service.
~ aatu in n,
navy shall be within signal distance of another |
making prize, all shall share in the prize, and |
money awarded shall be apportioned among the |
officers aud men OF the several vessels accord |
ing 10 the rates OF pay OF all Oh board who are
borne upon the books, after deducIing one
twentieth to the tlag-oticer, ii there be any such
entitled TO share.
Fifth No commander of fleet or squadron
shall be entitled to receive any share of prizes
taken by vessels not under his immediate com.
mand nor of such prizes as may have been
taken by ships or vessels intended TO be placed |
under his command before they huve acted uu.
der his immediate orders nor shall a cOmman-
der of II fleet or squadron, leaving 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 hns transferred his COM
mand to u successor
Sixth. No officer or other person who shall |
have been temporarily absent on duty from the |
vessel, on the books OF which he continued to be |
horne while so absent, shall he deprived, in |
Of absence, Of such any prize money |
to which he would otherwise be entitled.
Sec. 4. And b. il fviher enacted, That
bounty shall be paid by the United States for
each person on board any ship or yessel-oi-w war
to AN enemy at the commencement OF |
an engagement which shall be sunk OF 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, il the enemy's vessel was OF inferior |
force; aud of two hundred dollars. il of equal |
ur superior force to be divided among the oili-
GERS and crew in the same manner as prize |
money; and the actual number of men ON board |
any such vessel cannot be satisfactorily aseer- |
tanned, it shall be estimated according to the |
allowed to vessels OF their class in |
the navy OF the United States and there shall !
he paid az bounty TO the GaptOrs of any vessel |
of-wnr captured from the enemy, which they
may he instructed to destroy, or which shall be |
Immediately destroyed for the public interest
but not in consequence Of injuries received in
action hfty dollars for every person who shall
be ON board ut the time Of such capture.
Sec. 0. And be il FURTHER enacted, That 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 IL
prize, shall carefully preserve all the papers and
writing lound on board, and transmit the whole |
OF the originals, unmutilated, to the Judge OF the |
dlstrctto which such prize is ordered to proceed,
with tue necessary witnesses, and report of the
circumstances attending the capture, stating the
names of the vessels claiming u share thereof
aud the commanding officer of every vessel III |
the navy entitled to or claiming an award of
prize money shall, as early as practicable after