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ARTICLE 45. When the proceedings of any general court-martial have commenced, they shall not be suspended or delayed on account of the absence of any of the members, provided five or more are assembled; but the court is enjoined to sit from day to day Sundays excepted, until sentence is given, unless temporarily adjourned by the authority which convened it.
No member of a general court-martial shall, after the proceedings are begun, absent him self therefrom, except in case of sickness, or of an order to go on duty from a superior officer, on pain of being cashiered.
Whenever any member of a court-martial, from any legal cause, is absent from the court after the commencement of a case, all the witnesses who have been examined during his absence must, when he is ready to resume his seat, be recalled by the court, and the recorded testimony of each witness so examined be read over to him, and such witness must acknowledge the same to be correct, and be subject to such further examination as the said member may require. Without a compliance with this rule, and an entry thereof upon the record, a member who shall have been absent during the examination of a witness shall not be allowed to sit again in that particular case.
Whenever a court-martial sentences an officer to be suspended, it may suspend his pay and emoluments for the whole or any part of the time of his suspension.
In no case shall punishment by flogging, or by branding, marking, or tattooing on the body be adjudged by any court-martial or be inflicted upon any person in the Navy.
No person shall be sentenced by a court-martial to suffer death, except by the concurrence of two-thirds of the members present, and in the cases where such punishment is expressly provided in these articles. All other sentences may be determined by a majority of votes.
It shall be the duty of a court-martial, in all cases of conviction, to adjudge a punishment adequate to the nature of the offense ; but the members thereof may recommend the person convicted as deserving of clemency, and state on the record their reasons for so doing.
The judgment of every court-martial shall be authenticated by the signature of the president, and of every member who may be present when said judgment is pronounced, and also of the judge-advocate.
ARTICLE 53. No sentence of a court-martial, extending to the loss of life or to the dismissal of a commissioned or warrant officer, shall be carried into execution until confirmed by the President, All other sentences of general court-martial may be carried into execution on confirmation of the commander of the fleet or officer ordering the court.
Every officer who is authorized to convene a general court-martial shall have power, on revision of its proceedings, to remit or mitigate, but not to commute, the sentence of any such court which he is authorized to approve and confirm.
Courts of inquiry may be ordered by the President, the Secretary of the Navy, or the commander of a fleet or squadron.
A court of inquiry shall consist of not more than three commissioned officers as members, and of a judge-advocate, or person officiating as such.
Courts of inquiry shall have power to summon witnesses, administer oaths, and punish contempts in the same manner as courts-martial; but they shall only state facts, and shall not give their opinion, unless expressly required so to do in the order for convening.
The judge-advocate, or person officiating as such, shall administer to the members the following oath or affirmation : “You do swear (or affirm) weil and truly to examine and inquire, according to the evidence, into the matter now before you, without partiality. After which the president shall administer to the judge-advocate, or person officiating as such, the following oath or affirmation : “You do swear (or affirm) truly to record the proceedings of this court, and the evidence to be given in the case in hearing."
ARTICLE 59. The party whose conduct shall be the subject of inquiry, or his attorney, shall have the right to cross-examine all the witnesses.
The proceedings of courts of inquiry shall be authenticated by the signature of the president of the court and of the judge-advocate, and shall, in all cases not capital, nor extending to the dismissal of a commissioned or warrant officer, be evidence before a courtmartial, provided oral testimony cannot be obtained.
APPENDIX No. 2.
Regulations for Preventing Collisions on the Water.
May 4, 1864. The provisions of the following act “fixing certain rules and regulations for preventing collisions on the water,” to take effect on the 1st day of September, 1864, are adopted for the naval service of the United States from this date. As most of the collisions occur from the non-observance of article sixteen, it is particularly enjoined upon commanding officers, in approaching another vessel, to slacken and stop in time to prevent the possibility of collision :
AN ACT fixing certain rules and regulations for preventing collisions on the water. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after September one, eighteen hundred and sixty-four, the following rules and regulations for preventing collisions on the water be adopted in the Navy and the mercantile marine of the United States : Provided, That the exhibition of any light on board of a vessel of war of the United States may be suspended whenever, in the opinion of the Secretary of the Navy, the commander-in-chief of a squ adron, or the commander of a vessel acting singly, the special character of the service may require it.
11. Two sailing-ships meeting.
ART. 1. In the following rules, every steamship which is under sail, and not under steam, is to be considered a sailing-ship; and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam.
RULES CONCERNING LIGHTS.
ART. 2. The lights mentioned in the following articles, and no others, shall be carried in all weathers between sunset and sunrise.
LIGHTS FOR STEAMSHIPS.
ART. 3. All steam-vessels, when under way, shall carry
(a) At the foremast-head, a bright white light, so fixed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the ship, viz: from right ahead to two points abaft the beam on either side, and of such a character as to be visible on a dark night, with a clear atinosphere, at a distance of at least five miles,
(0) On the starboard side, a green light, so constructed as to show a uniform and unbroken light over an arc of the horizen of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles.
(c) On the port side, a red light, so constructed as to show a uniform, unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles.
(d) The said green and red side lights shall be fitted with inboard screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow.
LIGHTS FOR STEAM-TUGS.
ART. 4. Steamships, when towing other ships, shall carry two bright white mast-head lights vertically, in addition to their side lights, so as to distinguish them from other steamships. Each of these mast-head lights shall be of the same construction and character as the mast-head lights which other steamships are required to carry.
LIGHTS FOR SAILING-SHIPS.
ART. 5. Sailing-ships under way, or being towed, shall carry the same lights as steamships under way, with the exception of the white mast-head lights, which they shall never carry.
EXCEPTIONAL LIGHTS FOR SMALL SAILING-VESSELS.
ART. 6. Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, those lights shall be kept on deck, on the respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side.
To make the use of these portable lights more certain and easy, they shall each be painted outside with the color of the light they respectively contain, and shall be provided with suitable screens.
LIGHTS FOR SHIPS AT ANCHOR.
ART. 7. Ships, whether steamships or sailing-ships, when at anchor in roadsteads or fairways, shall, between sunset and suprise, exbibit where it can best be seen, but at a height not exeeding twenty feet above the bull, & wbite light in a globular lantern of eight inches in diameter, and so constructed as to show & clear, uniform, and unbroken light visible all around the horizon, and at a distance of at least one mile.
LIGHTS FOR PILOT-VESSELS.
Art. 8. Sailing pilot-vessels shall not carry the lights required for other sailing-vessels, but shall carry a white light at the mast-head, visible all around the horizon, and shall also exbibit a flare-up light every fifteen minutes.
LIGHTS FOR FISHING-VESSELS AND BOATS,
ART. 9. Open fishing-boats and other open boats shall not be required to carry sidelights required for other vessels; but shall, if they do not carry such lights, carry a lantern having a green slide on the one side and a red slide on the other side, and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard side. Fishing-vessels and open boats when at anchor, or attached to their nets and stationary, shall exhibit a bright white light. Fishing-vessels and open boats shall, however, not be prevented from using a flare-up in addition, if considered expedient.
RULES GOVERNING FOG-SIGNALS.
ART. 10. Whenever there is a fog, whether by day or night, the fog-signals described below shall be carried and used, and shall be sounded at least every five minutes, viz:
(a) Steamships under way shall use a steam-whistle, placed before the funnel, not less
(6) Sailing-ships under way shall use a fog-horn.
STEERING AND SAILING RULES.
TWO SAILING-SHIPS MEETING.
Art. 11. If two sailing-ships are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.
TWO SAILING-SHIPS CROSSING.
ART. 12. When two sailing-ships are crossing so as to involve risk of collision, then, if they have the wind on different sides, the ship with the wind on the port side shall keep out of the way of the ship with the wind on the starboard side, except in the case in which the ship with the wind on the port side is close-hauled, and the other ship free, in which case the latter ship shall keep out of the way. But if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward shall keep out of the way of the ship which is to leeward.
TWO SHIPS UNDER STEAM MEETING.
ART. 13. If two ships under steam are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.
TWO SHIPS UNDER STEAM CROSSING.
ART. 14. If two ships under steam are crossing so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other.
SAILING-SHIP AND SHIP UNDER STEAM.
Art. 15. If two ships, one of which is a sailing-ship, and the other a steamship, are proceeding in such directions as to involve risk of collision, the steamship shall keep out of the way of the sailing-ship.