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ART. 59. The party whose conduct shall be the subject Rights of party of inquiry, or his attorney, shall have the right to cross- Id., art. 23. examine all the witnesses.

See act of Mar. 16, 1878, as noted under General Courts Martial, art. 43,

Trials

to

be

fense.

Trials for de.

ART. 60. The proceedings of courts of inquiry shall be Proceedings, authenticated by the signature of the president of the ad and used as court and of the judge-advocate, and shall, in all cases not evidence. capital, nor extending to the dismissal of a commissioned or warrant officer, be evidence before a court-martial, provided oral testimony cannot be obtained. ART. 61. No person shall be tried by court-martial or

within two years otherwise punished for any offense, except as provided in of committing of the following article, which appears to have been committed more than two years before the issuing of the order for such trial or punishment, unless by reason of having absented himself, or of some other manifest impediment he shall not have been amenable to justice within that period. ART. 62. No person shall be tried by court-martial or

sertion in time otherwise punished for desertion in time of peace commit- of peace. ted more than two years before the issuing of the order for up, R, S., ch. such trial or punishment, unless he shall meanwhile have 680; articles absented himself from the United States, or by reason of 1624.

amended, R. S.... some other manifest impediment shall not have been ainena. ble to justice within that period, in which case the time of his absence shall be excluded in computing the period of the limitation:

Provided, That said limitation shall not begin until the Time limit to end of the term for which said person was enlisted in the term. service.

ART. 63. Whenever, by any of the Articles for the Gov. Punishment ernment of the Navy of the United States, the punishment time of peace. on conviction of an offense is left to the discretion of the Sup. R. S., 1892, court-martial, the punishment therefor shall not, in time of t., 889"articles peace, be in excess of a limit which the President may prescribe.

1895. Sup., chap.

run from end of

Feb. 25, 1895.

amended, R. S., s. 1624. Feb. 27,

137.

MISCELLANEOUS PROVISIONS. Sec.

I Sec. 14:33. Exercise of consular powers. | 2003. Interference in elections. 1440. Appointments in diplomatic 5510. Depriving citizens of civil rights. service.

5528. Troops at elections. 1442. Furloughing officers.

5529. Intimidating voters. 1547. Regulations and general orders. 5530: Prescribing voters' qualifications. 1548. Officers to be furnished general 5531. Interfering in elections. orders.

5532. Disqualification to hold office. 1571. Sea service defined.

Act Mar. 3, 1883. Crerlit for volunteer 1586. Medicines and medical expenses.

service. 1587. Funeral expenses.

Act Jan. 31, 1881. Acceptance of decora1860. Voting and holding office in Terri.

tions. tories.

Act Mar. 3, 1883. Employment on shore 2002. Bringing troops to places of elec

duty. tion. SEC. 1433. The commanding officer of any fleet, squadron, Title 15, chap. 9. or vessel acting singly, when upon the high seas or in any Consular pow. foreign port where there is no resident consul of the United erg

Feb. 20, 1845, 8. States, shall be authorized to exercise all the powers of a 2, v. 5, p. 725. cousul in relation to mariners of the United States.

ice.

officers.

See note 1.

See note 2.

Accepting an SEC. 1440. If any officer of the Navy accepts or holds an pointments in diplomatic serv. appointment in the diplomatic or consular service of the Mar. 30, 1868, 8.

Government, he shall be considered as having resigned his 2, v. 15, p. 58. place in the Navy, and it shall be filled as a vacancy. Furloughing SEC. 1442. The Secretary of the Navy shall have authorMar. 3, 1835, s. ity to place on furlough any officer on the active list of the 1, v. 4, Pis 756 Navy. Mar. 3, 1815, s. 6, 1.5, p. 794; Feb. 28, 1855, 8.3, v. 10, p. 617; June 1, 1860, s. 4, v. 12, p. 27. See same section under Furlough, Title, “Pay and allowances." Title 15, chap. 7. SEC. 1547. The orders, regulations, and instructions is. Regulations.

sued by the Secretary of the Navy prior to July 14, 1862, July 14, 1862, . with such alterations as he may since have adopted, with 5, v, 12, p. 565.

the approval of the President, shall be recognized as the
regulations of the Navy, subject to alterations adopted in

the same manner.
Copy to be fur SEC. 1548. The Secretary of the Navy shall cause each
nished to officers.

July 17,1862, : commissioned or warrant officer of the Navy, on his entry 19, v. 12, p. 610, into the service, to be furnished with a copy of the regula

tions and general orders of the Navy Department then in
force, and thereafter with a copy of all such as may be

issued.
Title 15, chap. 8. SEC. 1571. No service shall be regarded as sea service

except such as shall be performed at sea, under the orders June 1, 1860, s. of a Department and in vessels employed by authority of 3, v. 12, p. 27.

law.

SEC. 1586. Expenses incurred by any officer of the Navy

for medicines and medical attendance shall not be allowed July 15, 1870, s. unless they were incurred when he was on duty, and the 17, v. 16, p. 334.

medicines could not have been obtained from naval sup-
plies, or the attendance of a naval medical officer could not

have been had.
Funeral ex SEC. 1587. No funeral expense of a naval officer who dies

July 15, 1870, s. in the United States, nor expenses for travel to attend the 17, v. 16, p. 334.

funeral of an officer who dies there, shall be allowed. But

Sea service.

See note 3.

Medicines and medical attend. ance.

penses.

See sec. 1442.

See sec. 1547.

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Note 1.-Furloughed, in ordinary sense of the administration of the Department, is
a question of duty and pay, not of rank or place on the roll of the Navy. The oflicer
may be restored by the same power, retains his place in the line of promotion, and
it can not be occupied by another. (Op., VIII, 203, Dec. 10, 1856.).

Note 2.-Congress is empowered by the Constitution to make Navy Regulations.
Those made by the l'resident or subordinates must be in execution of and supple.
mental to the statutes and statute regulations. (Op., VI, p. 10; see also X, p. 413 ;
XIII, p. 9.)

A reguation of the Department (Treasury) made in pursuance of an act of Con.
gress becomes a part of the law, and is of the same force as if incorporated in the
body of the act itself. (U.S. o. Barrows, 1 Abbott, C.S. R , 351.)

A regulation of a Department is a rule made by the head of such Department for its action, under a statute conferring such power, and has the force of law; a mere order of the President, or the Secretary of the Department, is not a regulation. (Court of Claims, DII, p. 39.)

The Navy Regulations on the subject of payments to administrators and under
wills are to be construed as binding only upon the officers and seamen of the Navy;
they are not applicable to nor binding upon the accounting oflicers of the Treasury
Department in the settlement of naval accounts, and it was not intended that they
should control these oflicers. (Op., XVI, p. 291, Devens, May 21, 1880.) The general
tenor of this opinion is that the Navy Regulations are not intended to affect any
persons except those subject to the orders of the Secretary of the Navy.

Note 3.--The service which entitles an officer to the pay allowed for “duty at sea"
beging when, having been ordered to a particular duty, he report himself, in obedi.
ence 10 the orders, at the place designated and enters upon that aluty. (Op. X. p.
191, Feb. 19, 1862, ind p. 97, Aug. 13, 1861, Bates.)

See sec. 1571.

See note 4.

when an officer on duty dies in a foreign country the ex-
penses of his funeral, not exceeding his sea-pay for one
month, shall be defrayed by the Government, and paid by
the paymaster upon whose books the name of such officer
was borne for pay.
SEC. 1860.

Third. No officer, soldier, seaman, Title 23, chap. 1. mariner, or other person in the Army or Navy, or attached Voting and to troops in the service of the United States, shall be al- holding office in lowed to vote in any Territory, by reason of being on service therein, unless such Territory is, and has been for the on: 1983174 period of six months, his permanent domicile.

Mar. 2, 1853, 8.

v. 12, p. 174; Mar. 3, 1883, 22 Stat. L., 567.

Title 26.

See secs. 5528,

See secs. 5530,

Fourth. No person belonging to the Army or Navy shall be elected to or hold any civil office or appointment in any See note 5. Territory, except officers of the Army on the retired list.

SEC. 2002. No military or naval officer, or other person engaged in the civil, military, or naval service of the United Bringing States, shall order, bring, keep, or have under his authority

armed troops to

places of election. or control, any troops or armed men at the place where any general or special election is held in any State, unless it be

5529, 5530, 5532. necessary to repel the armed enemies of the United States, or to keep the peace at the polls.

SEC. 2003. No officer of the Army or Navy of the United Interference States shall prescribe or fix, or attempt to prescribe or fix, elections. by proclamation, order, or otherwise, the qualifications of 532. voters in any State, or in any manner interfere with the Feb. 25, 1865, s. freedom of any election in any State, or with the exercise 1, v. 13, p. 437. of the free right of suffrage in any State.

Sec. 5510. Every person who, under color of any law, Title 70, chap. 7. statute, ordinance, regulation, or custom, subjects, or Depriving citi causes to be subjected, any inhabitant of any State or Ter-zons of civil ritory to the deprivation of any rights, privileges, or im- May 31, 1870, 8. munities, secured or protected by the Constitution and laws 17, v. 16, p. 144. of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color or race, than are prescribed for the punishment of citizens, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or by both.

SEC. 5328. Every officer of the Army or Navy, or other Unlawful pres. person in the civil, military, or naval service of the United Clections: States, who orders, brings, keeps, or has under his author. See secs. 2002. ity or control, any troops or armed men at any place where Feb. 25, 1865, s. a general or special election is held in any State, unless 1, v. 13, p. 437. such force be necessary to repel armed enemies of the United States or to keep the peace at the polls, shall be fined not more than five thousand dollars, and suffer im

5531, 5532.

See sec. 1587.

Note 4.-Section 1587 prohibits the allowance of the funeral expenses of an officer who dies in the United States. The fact that an ofiicer had started on foreign service, but died in a port of the United States at which his vessel had touched, does not relieve the case from the prohibition in the statute. (Op., XIII, p. 341, Nov. 17, 1870, case of Captain Harrison.) Not held by the Navy Department as prohibiting an allowance of an officer's funeral expenses, to the limit in thestatute, who dies at sea on the way home from a foreign station. (Case of Captain Lewis, 1880.)

Note 5.-By provision of subsequent legislation officers on the retired list may legally hold civil office when elected thereto or appointed by the President and confirmed by the Senate.

Intimidation of voters.

See sec. 2003.
Ibid., s. 2.

of voters.

Seo sec. 2003.

etc.

prisonment at hard labor not less than three months nor more than five years.

SEC. 5529. Every officer or other person in the military or naval service who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualitied voter of any State from freely exercising the right of suffrage at any general or special election in such State, shall be fined not more than five thousand dollars, and im

prisoned at hard labor not more than five years. Officers of Army SEC. 5530. Every officer of the Army or Navy who preing qualitications scribes or fixes, or attempts to prescribe or fix, whether by

proclamation, order, or otherwise, the qualifications of voters at any election in any State, shall be punished as

provided in the preceding section. Officers, etc., of SEC. 5531. Every officer or other person in the military terfering with or naval service who, by force, threat, intimidation, order, officer of election, or otherwise, compels, or attempts to compel, any officer Ibid., s. 2. holding an election in any State to receive a vote from a

person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section fifty-five hundred and

twenty-nine. Disqualifica SEC. 5532. Every person convicted of any of the offenses tion for holding

specified in the five preceding sections, shall, in addition to Ibid., as. 1, 2.

the punishments therein severally prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing in those sections shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to

the laws of the State in which he offers to vote. Mar. 3, 1883.

And all officers of the Navy shall be credited with the Credit for regu- actual time they may have served as officers or enlisted lar and volunteer

men in the regular or volunteer Army or Navy, or both, and Mar. 3, 1883, p. shall receive all the benefits of such actual service in all priation act); respects in the same manner as if all said service had been 22 Stat. 1. p. 473, continuous and in the regular Navy in the lowest grade , 1882

having graduated pay held by such officer since last entering the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so coustrued as to give any additional pay to any such officer

during the time of his service in the volunteer army or navy. Benefit of pre. That all officers who have been or may be appointed to o tricors reap any corps of the Navy or to the Marine Corps after service pointed. in a different corps of the Navy or of the Marine Corps

July 26, 1894, ch. 165, par. 1, shall have all the benefits of their previous service in the ante, p. 206.

same manner as if said appointments were a reentry into the Navy or into the Marine Corps.

office.

service.

vious service to

No master, mate, pilot, or engineer of steam vessels May 28, 1896. licensed under title fifty-two of the Revised Statutes shall 29 Stat. L., 188. be liable to draft in time of War, except for the perform- vol

. 2, p. 488. ance of duties such as required by his license;

Exemption

from draft.

R. S., Title LII.

Soe note 6.

and, while performing such duties in the service of the wages for United States, every such master, mate, pilot, or engineer naval service. shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services;

and, if killed or wounded while performing such duties Pensions, etc. under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States.

SEC. 3. That all laws or parts of laws in conflict with Repeal. this Act are hereby repealed.

No decoration, or other thing, the acceptance of which Jan. 31, 1881. is authorized by this act, and no decoration heretofore

Acceptance of accepted, or which may hereafter be accepted, by consent decorations. of Congress, loy any officer of the United States, from any 2, chap. 32, P. E.. foreign government, shall be publicly shown or exposed p. 80. upon the person of the officer so receiving the same.

Hereafter any present, decoration, or other thing, which Ibid., s. 3 shall be conferred or presented by any foreign government See also Bribes, to any officer of the United States, civil, naval, or military, Division IV. shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress.

Hereafter no officer of the Navy shall be employed on Mar. 3, 1883. any shore duty, except in cases specially provided by law, Employment unless the Secretary of the Navy shall determine that the on shore duty, employment of an officer on such duty is required by the 2, 22 Stat. L. public interests, and he shall so state in the order of 481 (naval appro: employment, and also the duration of such service, beyond Aug. 5, 1882, 8: 3. which time it shall not continue.

That judges-advocate of naval general courts-martial Jan. 25, 1895. and courts of inquiry, and all commanders-in-chief of naval squadrons, commandants of navy-yards and stations, and SPP. R. S., officers commanding vessels of the Navy, and the adjutant Navy and Maand inspector, commanding officers and recruiting officers "Oatlig?may be of the Marine Corps be, and the same are hereby, author administered by ized to administer oaths for the purposes of the adminis. 1 s., S. 1624, tration of naval justice and for other purposes of naval 3718:28, 29, 40, 41, administration.

28 Stat. L., 639.

Note 6.--A naval officer can not lawfully serve as a master of a private steam See act of Mar. vessel in the merchant service without having previously obtained the license 3, 1883. required by sec. 4438, R. S., although he may be eligible by virtue of his commission to take command of a steam vessel of the United States in the naval service. (Op., XV, 61, Pierrepont, Oct. 26, 1875, Commander Philips's case.)

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