be administered by the president to the other members, and the president himself shall be sworn by the officer next in rank; and as soon as the above oath shall have been administered, the president of the court is required to administer to the judge advocate,Judge advocate, or person officiating as such, an oath in the following words: “I, A. B. do swear, that I will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of this court martial, unless thereto required by an act of Congress. So help me God.” And all witnesses, before theyand witnesses. be admitted to give evidence, shall take the following oath: “I, A. B. do swear, that the evidence I shall give in the cause now hearing, shall be the truth, the whole truth, and nothing but the truth. So help me God.”
Sentences of courts martial in capital cases to be confirmed, &c.49. The sentence of a court martial for any capital offence shall not be put in execution, until it be confirmed by the commander in chief of the fleet. And it shall be the duty of the president of every court martial, to transmit to the commander in chief of the fleet, and to the head of the Navy department, every sentence which shall be given, with a summary of the evidence and proceedings thereon, as soon as may be.
Commander in chief may remit sentences of death.50. The commander in chief of the fleet, for the time being, shall have power to pardon and remit any sentence of death, in consequence of the aforementioned articles.
Misbehaviour of witnesses.Sec. 2. And it is hereby further enacted, That if any person in the navy service, being called upon to give evidence at any court martial, shall refuse to give his evidence upon oath, or shall prevaricate in his evidence, or behave with contempt to the court, it shall and may be lawful for such court martial to punish such offender by imprisonment, at the discretion of the court; such imprisonment, in no case, to continue longer than three months; and that all and every person and persons, who shall commit any wilful perjuryPerjury and subornation thereof. in any evidence or examination upon oath at such court martial, or who shall corruptly procure or suborn any person to commit such wilful perjury, shall and may be prosecuted in any of the courts of the United States, by indictment or information. And all and every person, lawfully convicted upon any such indictment or information, shall be punished with such pains and penalties as are inflicted for the like offences by the laws therein provided.
Authority of the officers to continue after the vessel is lost.Sec. 3. And it is hereby further enacted, by the authority aforesaid, That in all cases where the crews of the ships or vessels of the United States shall be separated from their vessels, by the latter being wrecked, lost, or destroyed, all the command, power and authority given to the officers of such ships or vessels, shall remain and be in full force as effectually as if such ship or vessel was not so wrecked, lost or destroyed, until they shall be regularly discharged from the service of the United States, or removed into some otherIn such case court martial is to be held. of its said ships, or until a court martial shall be held, to inquire into such loss of the said ship or vessel; and if upon inquiry it shall appear by the sentence of the court martial, that all or any of the officers, seamen, marines, and others of the said ship or vessel, did their utmost to preserve, get off, or recover the said ship or vessel, and after the loss thereof did behave themselves obediently to their superior officers, according to the discipline of the navy, and the said articles and orders herein before established, then all the pay and wages of the said officers and seamen, or such of them as shall have done their duty as aforesaid, shall continue and go on, and be paid to the time of their discharge or death; and every such officer or seaman, who after the wreck of loss of his said ship or vessel, shall act contrary to the discipline of the navy, or the articles herein before established, or any of them, shall be sentenced by the said court martial, and be punished, as if the ship to which he did belong was not so wrecked or destroyed.
Sec. 4. And be it further enacted, That all the pay and wages of such
