Year: 1866

Sixth. Extra duties.


No other punishment shall be permitted on
| board of vessels belonging to the navy, except by
| sentence of general or summary court martial
Summary courts martial may disrate any rated
| person for incompetency. All punishinents IN
hicted by the commander, or by his order, except
reprimands, shall be entered upon the ships log.


Article IL. General courts martial may be con
! vened as often the President of the United
States, the Secretary of the Navy, or commander
| in chief of fleet or squadron shall deem it
necessary Provided, That in the waters of the
United States no commander in chief of feet or
squadron shall convene general court martial
unless by express authority from the President OF
| tee United States Provided, also, That no gen
erl court-martial shall consist of more than thir
teen nor less than five commissioned officers as
members; and as many officers shall be sum-
moned on every such court as can be convened
without injury to the service, as not to exceed
thirteen; and the senior officer shall always pre-
side, the Others taking place according to Their
rank and in case where it be avoided
without injury to the service shall more than one
half of the members, exclusive of the president,
! be Junior to the officer to be tried.


Article II. The president of the court is
thorized and required to administer the following
oath or Affirmation to the judge advocate or per-
son officiating such:


tI, A B, do swear Cor afirm) that will keep
true record of the evidence given to and the
proceedings OF this court; nor will divulge or
by any disclose the sentence of the court
until it shall have been approved by the proper
authority; will at any time divulge or dis
close the vote or opinion of any particular MEM
ber OF the court unless required to do so before
court of Justice in due course of law"


This oath or affirmation being duly admins
tered, each member of the court, before proceed


ing to trial, shall take the following oath or af-
frmation, which the judge advocate, or person
officiating as such, is hereby authorized to ad-
minister:


-, B, do swear (or af1irm) that will truly
try, without prejudice or partiality the case now
depending, according to the evidence which may
come before the court the rules for the govern


ment of the navy, and my own conscience; and
that 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 at
any time divulge or disclose the vote or opinion


of any particular member of the court unless


quired 10 do so before court of justice in due
course of law


Article Is. All testimony given to a general
!, | court martial shall be oath affirmation,
which the president of court is hereby authorized
to administer; and if anN person shall refuse to
give his evidence aforesaid, sall prevari-
cate, or shall behave with contempt to the court
!, it shall and may be lawful for the court to i'm
prison such offender at their discretion: Provi
ded, That the Imprisonment IN no shall eX-
ceed two months. And every person who shall
commit wilful perjury on examination on oath or
| affirmation before such court or who shall cor
/ ruptly procure. or suborn, any person to commit


sue wilful perjury shall and may be prosecuted
by indictment or Information in any court of jus-
tice of the United States, And shall suffer such
penalties as are authorized by the laws of the
United States in cases of per ury or the suborn =
) ton thereof And in every prosecution for per-
jury, or the subornation thereof under this act,


it shall be sufficient to set forth the offence
: charged on the defendant without setting forth
4 the authority by which the court held or





4 brought before said court.


e Article H. The following oath shall be admin
istered to witnesses before rtS-martial and
: courts of inquiry:
Il 'sYou do soennly swear (or affirm, as the case
: may be) that the evidence you shall give in the
Il now before this court shall be the truth, the
whole truth, and nothing but the truth, and that
y you will state every thing within your knowledge
e and recollection in relation to the charges. So
: help you God" Cor this you do under the pains
: and penalties of perjury


e Article Is. The person accused shall be fur
Shnd frr1a nf fl,p
J. specifications, at the time he is put under arrest
j nor shall any other charges than those eXhib-
+ tied be urged against the person to be tried be-


fore the court unless it appear to the court that


intelligence of such charge had not reached the
i officer ordering the court when the person SO
n 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
reasonable time shall be given to the person


to be tried to make his defence against such new
:. charge. Every person so arrested is to deliver
r up his sword to his commanding officer, and to
: confine himself to the limits assigned him. under


the pain of dsmission from the service.
t Article IL. hen the proceedings of any gen.
r eral cnurt-martial shall hpve commenced, they
| shall not be suspended or delayed on account OF
S the absence of any of the members, provided five
I or more be assembled but the court is enjoined


10 sit from day to day, Sundays excepted, until
: sentence be given, unless temporarily adjourned
Z by the authority which convened the court And


no member of said court shall, after the proceed
, ngs 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.


Article II. If a member Of court martial shall,


from any legal cause, fail to attend after the com


mencement of case, and witnesses shall be eX.
amined during his absence, the court must, when


he is ready to resume his seat, cause every per-
son who may have been examined in his absence
to be called into court, and the recorded testi-
: mony of each witness must be read over to him,
ana such witnesses must acknowledge the same
to be correct, and be subject to such further ex
animation as the said member may require: and


without compliance with this rule, and an entry


ot it upon the record, member who shall have


been absent during the examination of a witness


shall not be allowed to sit again in that particular
case


: Article Is. Whenever court-martial shall SEN


tence officer to be suspended, the court shall
t have the power to suspend his pay and emolu-
ments for the whole any part of the time of his
suspension.


Article 10. 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 in


to execution until confirmed by the President OF
the United States. All other sentences may be
5 determined by a majority of votes, and carried
INTO execution on confirmation of the commander
: of the feet, officer ordering the court, except
such as go to the dismission OF commissioned


warrant officer, which are first to be approved
, by the President of the United States.
Article 20. Every officer who is by this act
thorzed to convene court-martiaI shall have
power on revisal of it's proceedings to remit OF
mitigate, hut not to commute the sentence of any
such court, which by this act he authorized to ap-
prove and confirm.


Article II. 1t shall be the duty of a court mar
tial in all cases of conviction, to adjudge pun,





the offence committed; but the members of a
court may recommend the person convicted as
deserving of clemency and state on the record
F their reasons for so doing.


Article %. The judgment of every court-mar-
tial shall be authenticated by the signature OF the
President, and all the membersof the same who
may be present when the said Judgment shall be
pronounced, and also of the judge advocate.


Article 23 Courts of inquiry may be ordered
by the President of the United States, the Secre-
tary of the Navy, or the commander of fleet OF
squadron, provided such court shall not consist
of more than three members, who shall be com
mIssioned officers, and judge advocate, or per.
son to do duty as such; and such courts shall
have power to summon witnesses, administer
oahs, and punish contempt, in the same manner
as court martial But such cour shall merely
state facts and not give their opinion unless ex
pressly required to do in this order for conven
ing; and the party whose conduct shall be the
subject of inquiry or his attorney, shall have per
mission to cross-examine all the witnesses.
Article "a The proceedings of the courts o
inquiry shall be authenticated by the signature o
the President of the court and Judge advocate
and shall, in cases not capital, or extending te
the dismission of commissioned warrant


officer, be evidence before court martial, provi