3.

Troops em

When any part of the Army, volunteers or militia, are embarked in any barked for duty vessel of the Navy for duty therein, they shall, until detached, be subject to subject to Navy the laws for the government of the Navy, and to the regulations of the ves- laws and regulasel, in the same manner as the marines.

4.

tions.

barked for transportation are only

Whenever any part of the Army, volunteers or militia, of the United Troops emStates shall be embarked on board any vessel of the Navy for transportation only, they shall not be subject to the laws and regulations of the Navy, subject to Army but to the laws for the government of the Army; but they shall, neverthe- laws, but must less, be subject and conform to the regulations of the vessel, upon pain of conform confinement by the Commanding Officer of such vessel while on board, and regulations of the of such punishment as an Army court-martial shall direct, after they shall have been landed.

5.

vessel.

to the

No Army courts-martial shall be held on board any vessel in the Navy Army courtswhen in commission, nor shall Army, volunteer, or militia officers order any martial cannot be held on board a public punishment or confinement in irons to be inflicted on board without vessel of the Navy. the previous approval of her Commanding Officer.

SECTION II.-Convoy.

1.

ters of vessels.

A Commanding Officer affording convoy to merchant-vessels will arrange Signals to be arwith their masters such signals as will enable him to regulate their move- ranged with masments and enable them to communicate, and he will give them, in writing, such directions as may be necessary. Should he provide them with secret instructions or signals he will enjoin secrecy upon each and caution them not to allow an enemy, in event of capture, to become possessed of them.

2.

He will take a list of the names of the vessels under his convoy, specifying their rig, tonnage, and number of men, the place to which they belong and where bound, the date of joining, and the names of their masters, owners, and supercargoes, a copy of which he is to transmit to the Secretary of the Navy, and on his arrival in port he will forward to him another list, setting forth the names, &c., of the vessels that did and of those that did not arrive with him, mentioning, with regard to the latter, the time and supposed cause of their separation.

3.

List of vessels, &c., to be taken

and forwarded.

bound to a belligerent port.

Before taking under his convoy a vessel bound to a belligerent port he will If a vessel is require proof that there are no articles of contraband on board, and without it he is not to take her or afford protection en route against a belligerent claim unless specially directed so to do.

4.

He must be vigilant in guarding against attack or surprise, and if attacked To guard against must defend his convoy to the last extremity. He must never weaken the attack. convoying force by detaching a part of it to go in chase beyond signal distance, nor must he himself separate from the convoy unless such course would be the means of preserving it from an enemy.

5.

voy.

He will adopt all possible measures to prevent the separation of the convoy, To guard against and may direct such vessels to repeat his signals as he deems proper. If separation of conpracticable, he will appoint a place of rendezvous in case of separation, notifying each vessel of such place.

Report of those

structions.

6.

He will be careful at night to see that the vessels acting as outposts permit no strange sail to get among the vessels of the convoy.

7.

He will make report to the Secretary of the Navy of the name of any veswho disobey in- sel and of the master who shall disobey instructions or signals, or leave the convoy without permission, or otherwise misbehave, stating the particulars, so that the insurance officers may be informed of the same.

8.

Should the mas- Whenever the master of any vessel under convoy shall repeatedly neglect ter of a vessel neg- or refuse to conform to his instructions or signals, the Commanding Officer obey instructions, may refuse him any further protection and be released from any further responsibility for the safety of that vessel.

lect or refuse to

If different con

9.

When different convoys sail at the same time or meet at sea, they will keep voys meet at sea. together as long as their course permits, but must be kept as distinct from each other as circumstances will allow. While together, the senior Officer commands the whole; and the vessels of the convoying forces will wear different distinguishing flags for their information.

received.

10.

No reward to be A Commanding Officer of a convoy is not to receive or suffer any person under his authority to receive any fee, reward, or gratuity from any person for the protection afforded.

Vessels of a

another not to be

11.

Vessels of war are not to take under their convoy the vessels of any power power at war with at war with another with which the United States is at peace, nor the vessels taken under con- of a neutral, unless ordered so to do, or some very particular circumstances render it proper, of which they are to advise the Navy Department at the earliest opportunity.

voy.

When a vessel

from 8 foreign

12.

A Commanding Officer of a vessel about to sail from a foreign port during of war is to sail war or when war is probable, shall, if the nature of the orders under which port during war, he is acting will permit, give timely information to the merchant-vessels of or when war is the United States of the day of his intended departure, and take under his proprobable.

tection all those bound in the same direction, as are desirous and ready to accompany him, and he is also to take under his protection any other vessel of the United States that he may fall in with on the passage, which may desire it, as far as his course and theirs are the same.

13.

No lights to be No lights are to be carried at night by either the public or private vessels carried by a con- of a convoy except by the authority of the Commanding Officer.

voy.

14.

Vessels not to He is not to permit the vessels under his protection to be searched or de

CHAPTER XX.

PRIZES, SEIZURES, AND PRISONERS OF WAR.

1.

The attention of Commanding Officers of the Navy is especially called to the laws relating to captured vessels.

2.

Laws relating

to

sealed.

When a vessel is seized as a prize it shall be the duty of the Commanding Hatches to be Officer of the vessel making the capture to cause all the hatches and passages leading to the cargo to be secured and sealed, except such as it may be indispensably necessary to keep open. The log-book, and all papers relating to the vessel and cargo, shall also be sealed up, and placed in charge papers of the prize-master, for delivery with the vessel and cargo.

3.

Should it be necessary to take out of a vessel seized as a prize any property, either for its better preservation or for the use of the vessels or armed forces of the United States, a correct inventory, and a careful appraisement of its value, by suitable officers, qualified to judge, shall be made. This inventory and appraisement to be made in duplicate, one of which is to be transmitted to the Secretary of the Navy and the other to the judge or the United States attorney of the district to which the prize may be sent.

4.

Log-book and

sealed.

to be

If necessary to remove any property from a prize.

If necessary to sell property.

If it should become necessary to sell any portion of captured property, a full report of the facts must be made to the United States attorney or judge any captured of the district court to which the prize is sent, and any proceeds of sale shall be held subject to the order of the said judge.

5.

The prize-master will vigilantly guard the property intrusted to his care Responsibility of from spoliation and theft; these offenses leading to a forfeiture of prize a prize-master. money and such other punishment as a prize-court may inflict, both of the crew and the prize-master.

6.

The Commanding Officer of any vessel making a capture shall report to Report of capthe Navy Department and to the judge of the court to which the prize is ture to the Department, &c. sent all the material facts, including the names of all vessels within signal distance at the time, with all the circumstances of their position.

7.

share.

The Commanding Officers of all vessels claiming to share in a prize will Prize lists of cause the prize-list to exhibit not only the name and rank, or rating, but those claiming to also the rate of the annual or monthly pay of each person borne on the books at the time of the capture to which the list refers. They will also forward a statement of their claims, with the grounds upon which they are based, to the Navy Department and to the judge of the district court to which the prize is sent.

8.

Officers of a

The master of the captured or seized vessel, and as many of the officers and crew as can properly be taken care of, shall be sent in custody of the captured vessel to prize-master, who will report immediately on his arrival to the United States be sent with her. attorney as well as to the Navy Department. The mate and supercargo, after the master, are the most important witnesses before a prize-court, and should always be sent with the vessel, or carried into the port to which she may be sent for adjudication, without delay.

No vessel to be

9.

In time of war the Commanding Officer of a vessel is to exercise constant seized within neu- vigilance to prevent supplies of arms, munitions, and contraband articles being conveyed to the enemy, yet under no circumstances is he to seize any vessel within the waters of a friendly nation.

ral waters.

Visitation of suspected vessels.

Directions as to visit and search.

Regarding

10.

A Commanding Officer in time of war is to exercise the right of visitation and search on all suspected vessels, other than neutral men-of-war, but in no case is he authorized to fire at a vessel without showing his colors and giving her notice of a desire to speak and to visit her: First, a blank cartridge is to be fired; second, a shot fired wide of her; third a shot fired at the vessel; nor is he to fire at any such vessel or commit an act of hostility or of authority within a marine league of any foreign country with which the United States is at peace.

11.

When a visit is made, a vessel, if neutral, is not to be seized without a search renders it reasonable to believe that she is engaged in carrying contraband of war for or to the enemy, and to his ports, directly or indirectly, or unless she is attempting to violate a blockade established by the United States. If, after visitation and search, it shall appear that the vessel is, in good faith and without contraband, actually bound and passing from one neutral point to another, and not bound or proceeding to or from a port in the possession of the enemy, then she cannot be lawfully seized. It is the duty of the officer making the search to indorse upon the ship's register or license the fact of the visit, the nature of the search, by what vessel made, the name of her Commanding Officer, the latitude and longitude, the time of detention, and when released.

12.

pa- In order to avoid difficulty and error in relation to papers found on board pers found on a neutral vessel that may have been seized, the Commanding Officer will board 8 vessel take care that official seals, or fastenings of foreign authorities, are in no seized. case broken, and that parcels covered by them are never read by any naval authorities, but that all bags or other covering of such parcels are remitted to the prize-court.

Detention of offi

vessel seized.

13.

The officers and crew of a neutral vessel, seized, are not to be confined cers and crew of a except by detention on board, unless by their own conduct they should render further restraint necessary. Their personal property is to be respected, and a full and proper allowance of provisions is to be distributed to them. If any cruelty or unnecessary force is used toward such crew, a prize-court will decree damages to the injured parties.

A vessel seized

14.

A neutral vessel, seized, is to wear the flag of her own country until she to wear her na- is adjudged to be a lawful prize by a competent court. The flag of the United States, however, may be exhibited at the fore, to indicate that she is, for the time, in the possession of officers of the United States.

tional flag.

Form of letter

of instructions.

Prize-master ac

15.

The form of a letter of instructions to be given to prize-masters will be found in the Appendix.

16.

The prize-master in whose charge instruments are placed or to whom countable for re- arms are intrusted, will be held accountable for their condition, and in case ceipts to be given. of loss or damage by neglect or other cause, not satisfactorily explained, the value will be charged to his account. The officer appointing a prize-master

will require him to give a receipt in duplicate for the instruments and arms with which he may be furnished, one to be forwarded to the Commanding Officer of the station to which the prize-vessel is bound, and the other to be retained by such appointing officer; and in case of any deficiency in the delivery or palpable abuse of them, the Commanding Officer of the station will at once have the matter investigated, and report the result to the Navy Department.

17.

Prisoners of war are to be treated with humanity; their personal property Prisoners of war, is to be carefully protected; they shall have a proper allowance of provisions, treatment of. and every comfort of air and exercise which circumstances will permit. Every precaution must be taken to prevent any hostile attempt on their part, and if necessary or expedient they may be ironed or closely confined. If officers give their parole not to attempt any hostile act on board the vessel, and to conform to such requirements as the Commanding Officer may consider necessary, they may be permitted any privileges he may deem

proper.

18.

If any vessel shall be taken acting as a vessel of war or a privateer without having a proper commission so to act, the officers and crew shall be considered as pirates and treated accordingly.

Vessels acting as war vessels with

out a commission.

CHAPTER XXI.

FLAG OF TRUCE AND PAROLE.

SECTION I.-Flag of Truce.
1.

The nature of a

A flag of truce is, in its nature, of a sacred character; and the use of it to obtain knowledge or information surreptitiously against the interests or flag of truce. wishes of an enemy is to abuse it, and will subject the bearer to punishment as a spy.

2.

The senior officer present is alone authorized to dispatch or to admit communication by a flag of truce; a vessel in a position to discover the approach of such a flag is to communicate the fact promptly.

3.

Only to be authorized by the senior officer present.

Flags of truce should never be permitted to approach sufficiently near to Not to approach acquire useful information. The firing of a gun by the flag or senior offi-sufficiently near to cer's ship is generally understood as a warning not to approach nearer. tion.

4.

acquire

informa

On the water, a flag of truce should be met at a suitable distance by a boat A flag of truce or vessel from the senior officer's vessel, in charge of a commissioned officer, should be met. having a white flag plainly displayed from the time of leaving until her re

turn.

In dispatching a flag of truce the same precautions are to be observed.

5.

When a flag of truce is admitted, the ensign is always to be hoisted and a When a flag of white flag at the fore on board the vessel of the senior officer present when truce is admitted, no engagement is in progress, and kept flying until the flag of truce from ensign to be hoistthe enemy has returned within his lines.

ed, &c.