Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1776-10-08 00:00:00, page 4

Art. 6. All persons called to give evidence, in ahy
cause, before a Court-Martial, who shall refufe to give
evidence, shall be punished for such refufal, at the dis
cretion of such Court-Martial: The oath to be admi
nistered in the following form, viz.
You fiuear the evidence you foall give in the cause now in
bearing, fball be the truth, the whole truth, and nothing but
the truth. So belpyou God.
Art. 7. No Field officer shall be tried by any person un
der the degree of a captain ; nor shall any proceedings or
trials be carried on excepting between the hours of eight
in the morning and of three in the afternoon, except in
cases which require an immediate example.
Art. 8. No sentence of a general Court-Martial (hall
be put in execution, till after a report fliall be made of the
whole proceedings to Congress, or to the General or
Commander in chief of the forces of the United States,
an i thrir or his dire&ions be fignified thereupon.
Art. 9. For the more equitable decifn ri of disputes
which may arise between officers and soldiers belonging to
different corps, it is hereby direaed, That the Courts-
Mrtial fliall be equally composed of officers belonging
to the corps in which the parties in question do then serve;
and that the Presidents Shall be taken by turns, beginning
with that corps which (hall be eldest in rank.
Art. io. The commissioned officers of every regiment
may bv the appointment of their Colonel or Command
ing officer, hold regimental Courts-Martial for the en
quiring into such disputes, or criminal matters, as may
come before them, and for the infli&ing corporal punish
ments for small offences, and shall give judgment by the
majority of voices; but no sentence fliall be executed till
the Commanding officer (not being a member of the
Court-Martial) or the Commandant of the garrison, fliall
have confirmed the fame.
Art. 11. No regimental Court-Martial fliall consist of
less than five officers, excepting in cases where that num
• ber cannot conveniently be assembled, when three may
be fufficient; who are likewise to determine upon the
sentence by the majority of voices ; which sentence is to
be confirmed by the Commanding officer of the regi
ment, not being a member of the Court-Martial.
Art. 12. Every officer commanding in any of the forts,
barracks, or elsewhere, where the corps under his com
mand consists of detachments from different regiments,
or of independant companies, may assemble Courts-Mar
tial for the trial of offenders in the lame manner as if they
were regimental, whose sentence is not to be executed
until it fliall be confirmed by the said Commanding offi
cer.
Art. 13. No commissioned officer fliall be cashiered or
dismissed from the service, excepting by an order from
the Congress, or by the sentence of a general Court-Mar
tial ; but non-commissioned officers may be difeharged as
private soldiers, and, by the order of the Colonel of the
regiment, or by the sentence of a regimental Court-Mar
tial, be reduced to private centinels,
Art. 14. No person whatever fliall use menacing words,
signs, or gestures, in the presence of a Court-Martial
than fitting, or fliall cause any disorder or riot, so as to
disturb their proceedings, on the penalty of being punish
ed at the discretion of the said Court-Martial.
Art. 15. To the end that offenders may be brought to
justice, it is hereby directed, That whenever any officer
or soldier shall commit a crime deserving punishment, he
fliall, by his Commanding officer, if an officer, be put
in arrest; if a non-commissioned officer or soldier, be
imprisoned till he shall be either tried by a Court-
Martial, or shall be lawfully difeharged by a proper au
thority.
Art. 16. No officer or soldier who shall be put in arrest
or imprisonment, fliall continue in his confinement more
than eight days, or till such time as a Court-Martial can
be conveniently ?ff:mbled.
Art. 17. No officer commanding a guard, or Provoft
martial, shall refufe to receive, or keep any prisoner com
mitted to his charge, by any officer belonging to the for
ces of the Untied States ; which officer shall, at the fame
time, deliver an account in writing, signed by himfelf, of
the crime with which the said prisoner is charged.
Art. 18. No officer commanding a guard or Provost.
martial, shall presume to release any prisoner committed
to his charge, without proper authority for so doing; nor
shall he fuffer any prisoner to escape, on the penalty of
being punished for it by the sentence of a Court-Martial.
Art. 19. Every officer or Provost-martial to whose
charge prisoners shall be committed, is hereby required,
within twenty-four hours after such commitment, or as
soon as he shall be relieved from his guard, to give in
writing to the Colonel of the regiment to whom the
prisoner belongs (where the prisoner is confined upon
the guard belonging to the said regiment, and that his
offence only relates to the negle& of duty in his own
corps) or to the Commander in chief, their names, their
crimes, and the names of the officers who committed
them, on the penalty of his being punished for his dis
obedience or negle&, at the discretion of a Court
martial.
Art. 20. And if any officer under arrest shall leave
his confinement before he his set at liberty by the officer
who confined him, or by a superior power, he shall be
cashiered for it.
Art. 2T. Whatsoever commissioned officer shall be co^-
vi&ed before a general Court Martial, of behaving in a
scandalous, infamous manner, such as is unbecoming the
character of an officer and a gentlemen, shall be difeharg
ed from the service.
Art. 22. In all cases where a commissioned officer is
cashiered for cowardice, or fraud, it shall be added in the
punishment, that the crime, name, place of abode, and
punishment of the delinquent be published in the news
papers, in and about the carop, and of that particular
State from which the offender came or usually resides:
After which it shall be deemed scandalous for any officer
to associate with him.
SECTION XV.
Art. I When any commissioned officer shall happen to
die, or be killed in the service of the United States, the
Major of the regiment, or the officer doing the Major's
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duty in his absence, shall immediately secure all his
effects or equipage then in camp or quarters; and shall
before the next regimental Court-Martial make an in
ventory thereof, and forthwith transmit the fame to the
office of the board of war, to the end that his executors
may, after payment of his debts in quarters, end inter
ment, receive the overplus, if any be, to his or their
use;
Art. 2. When any non-commissioned officer or soldier
fliall happen to die, or to be killed in the service of the
United States, the then Commanding officer of the troop
or company shall, in the presence of two other commis
sioned officers, take an account of whatever effects he dies
possessed of, above his regimental eloathing,,arms, and
accoutrements, and transmit the fame to the office of the
board at war ; which said effects are to be accounted for,
and paid to, the representative of such deceased non
commissioned officer or soldier. And in case any of the
officers, so authorifed to take care of the effects of dead
officers and soldiers, should, before they shall have ac
counted to their representatives for the fame, have occa
sion to leave the regiment, by perferment or btherwife,
they fliall, before they he permitted to quit the fame,
deposit in the hands of the Commanding officer cr of
the agent of the regiment, all the efft&s of such deceased
non-commissioned officers and soldiers, in order that the
fame may be secured for, and paid to, their refpe&ive
representatives.
SECTION XVI.
Art. 1. All officers, conductors, gunners, matroffes,
drivers, or any other persons whatsoever, receiving pay
or hire in the service of the artillery of the United States,
shall be governed by the aforefaid rules and articles, and
fball be fubjeft to be tried by Courts-Martial, in like
manner with the officers and soldiers of the other troops
in the service of the United States.
Art. 2. For differences arising amongst themselves, cr
in matters relating solely to their own corps, the Courts-
Martial may be composed of their own officers ; but
where a number fufficient of such officers cannot be as
sembled, or in matters wherein ether corps are interest
ed, the officers of Artillery fliall fit in Courts-Martial
with the officers of the ether corps, taking their rank
according to the dates of their refpc&ive commissions
and no otherwise.
SECTION XVII.
Art. I. The officers and soldiers of any troops, whe
ther minute-men, militia, or others being mustered and
in Continental pay, shall, at all times, and in ail places,
when joined or anting in cot junction with the regular
forces of the United States, be governed by these Rules
or Articles of War, and fliall be fuhje& to be tried by
Courts-Martial in like manner with the officers and sol
diers in the regular forces, save only that such Court--
Martial shall be composed entirely of Militia Officers of
the fame Provincil corps with the offender.
That such militia and minute-men as are now in ser
vice, and have by particular contrad with their refoe&ive
States engaged to be governed by particular regulations
while in Continental service, fliall net be fubje& to the
above Articles of War.
Art. 2. For the future all General Officers and Colo
nels, serving by commission from the authority of any
particular State, fliall, on all detachments, Courts-Mar
tial, or other duty, wherein they may be employed in
conjunction with the regular forces of the United States,
take rank next after all Generals and Colonels serving by
commissions from Congress, though the commissions of
such particular Generals and Colonels should be of elder
date : and in like manner, Lieutenant Colonels, Majors,
Captains, and other inferior officers serving by commis
sion from any particular State, shall on all detachments,
Courts-Martial, or other duty, wherein they may be em
ployed in conjunction with the regular forces of the
United States, have rank next after all efficers of the like
rank serving by commissions from Congress, though the
commissions of such Lieutenant Colonels, Majors, Cap
tains, and other inferior officers, should be of elder date
to thole of the like rank from Congress.
SECTION XVIII.
Art. 1. The aforegoing articles are to be read and
published once in every two months at the head of every
regiment, troop or company, mustered or to be mustered
in the service of the United States ; and are to be duly
observed and exactly obeyed by all officers and soldiers
who are or fliall be in the said service.
Art. 2. The General, or Commander in chief for the
time being, shall have full power of pardoning, or miti
gating any of the punishments ordered to be inflicted,
for any of the offences mentioned in the foregoing arti
cles ; and every offender convicted as aforefaid, by any
regimental Court-Martial, may be pardoned, or have
his punishment mitigated by the Colonel, or officer com
manding the regiment
Art. 3. No person shall be sentenced to fuffer death,
except in the cases expressly mentioned in the foregoing
articles ; nor shall more then one hundred lafbes be inflat
ed on any offender at the discretion of a Court Martial.
That every Judge Advocate, or person officiating as
such, at any general Court Martial, de, and he is hereby
required to transmit, with as much expedition as the op
portunity of time and distance of place can admit, the
original proceedings and sentence of such Court-Martial
to the Secretary at War, which laid original proceedings
and sentence shall be carefully kept and preserved in the
office of laid Secretary, to the end that persons intitled
thereto may be enabled, upon application to the said of
fice to obtain copies thereof.
That the party tried by any general Court-Martial shall
be intitled to a copy of the sentence and proceedings of
such Court-Martial, upon demand thereof made * y him
felf or by any other person or persons on his behalf, whe
ther such sentence be approved cr not.
Art. 4. The Field Officers of each and every regiment
are to appoint feme suitable person belonging to such re
giment, to receive all such fines as may arise within the
fame, for any breach of any of the foregoing articles, and
shall dire& the fame to be carefully and properly applied
to the relief of such fitk, wounded or necessitous soldiers
as belong to such regiments ; and such person fliall ac
count with such officer, for ah fines received, and the ap
plicaticn thereof.
Art. 5. All crimes not capital, and all disorders and
negle&s, which officers and soldiers may be guilty of, to
the prejudice of good order and military difeipiine,though
not mentioned in the above articles of war, are to be taken
cognizance of by a general or regimental Court- Martial,
ace: rding to the nature and degree of the offence, and
be punished at their discretion.
A/ CONGRESS, Augujlzs, 1776.
Refolded, That the following Resolution be printed at
the end of the Rules and Articles of War, viz.
„^ HAT all persons not members of, nor owing alle-
X giance to any of the United States of America as
defribed in a reflation of Congress of the 24th cf June
lad, who fnall be found lurking as Spi?s in or about the
fortifications or encampments cf the Armies of the Uni
ted States, or any of tnem, (hall fuffer Death according
to the law and usage of nations, by sentence of a Court-
Martin!, cr such omer punishment as Inch Court-Marti
al (hall direet. By Order of the Congress,
JOHN HANCOCK, ferdident.
Philadelphia, September 20, 1776.
In CONVENTION fox the STATE of
PENNSYLVANIA. Yburfdaj, 5e,1^6,^776.
WHEREAS it is not convenient to hold the next
election throughout this State, for choofinw the
ehftive officers thereof, on the day on which it will be
molt convenient to the people to hold their elections for
the future : And this Convention being dafreus that the
Freemen of this State may, as soon as peffiih, enjpv the
advantages of a free and edablifhed government ; it is
therefore
Refota/ed, That the next elaction of reprefentativz^ <^
General Affemby, and of all other elective officers hers
tofore usually ch^fen on the firft day of O^ober, fhabh,
held for the city of Philadelphia, and for the county <f
Philadelphia, and for every other county of this State,
on Tuesday, the fifth day of November' next ; and, except
in the counties of Bedford, Northumberland, and Wefimere
land, at the places where the eie&ions fcr Representatives
in this Convention were held. The election for Inspec
tors is to be held in the city of Philadelphia, and in each
of the counties of this State, on Saturday, the second day
November next. The Judge, of the said elections (hall
be chosen and appointed by the Infpe&ors on the day of
election : and shall be fid jea to the like forfeitures and
penalties for fraud or v Iful r r gka as the Sheriff would
have been in the like case by the late laws of this State.
—The Conftabfes of the wards in the city of Philadel
phia, and of the townships of the fevera! counties of this
State, shall give fix days notice of the election for Inspec
tors. The Judges, or one or more of them, shall within
two days following the election, meet at the Court house
of the refpe&ive counties in which elections shall be held
in diftrifts, and returns shall be made to them from the
diftr^ls, of the names of the candidates, and number of
votes for each : And the Judges shall cast up the votes,
and shall certify these, who are highest in votes, to be
duly ele&ed to the refpeftive offices. And the elections
shall, in all other matters, he held and carried on, as nearly
as may be, according to the directions of an a& of A
fembly cf the late government of Pennfyivania, made in
the year one thousand seven hundred and sixty-six, en
titled, " An Aft direßing the choice of Infte&ors, and for
bolding the Reneral elections in this province." And in cale
any township or townlhips neglc& to chooe an Infpe&jr
or Infpe&ors, the otf er Infpe&ors and the Judges pre
lent at the election fnall appoint an lnfp<&or or Inspec
tors for such township cr townships.
The Freemen of the county of Bedford fliall vote in
four diftri&s for this present year, as follows, viz. The
Freemen of the firft diffria, containing the townships of
Bedford, Colerain and Cumberland Valley, at the Ccurt
houfe in the town of Bedford ; —Of the second, contain
ing the townships of Bethel, Air and Dublin, at the home
of fohn Burd, at Fort Littleton ; —Of the third, contain
ing the townships of Barre, Hopewell and Frazhfown, at
Standing-Stone ; —And of the fourth, containing ti e
townships cf Brothers Valley, Turkeyfoot and ^emachon
ing, at the house of John Kemberlia, near the junction of
the said three townships.
The county of Northumberland shall be divided into
four diftri&s ; to wit, The Freemen of Augufla, Penns
and Mahony townships, fliall meet at the town cf Sun
bury ; —Or T"urbutt, Mahoning and Wyoming, shall meet at
the town of Northumberland ; —Of Buffaloe, White-Deer
and Potter, shall m:et at Boutz's mill, in Biffaloe town
ship ; —Ard of Munsey and Bald-Eagle, fhdl meet at the
house of Amariak Sutton, in Munsey township.
The ek&ors cf the county of Weftmoreland shall hold
their election in manner following ; that is to fay, The
electors on the north tide of Kiftemenetas and Cannemach
fliall hold their ele&ion at Capain Samuel Moorhead's
mill ; —The second diftri& shall be bounded by the Lau
rel Hill, Connemach, the Chefnut Ridge and roughagany,
a d (hall hold their elt&ion at Ligonier: The other
eh&ors in the said county, not comprehended in the
foregoing diftrifts, shall hold their elections at the tug
places directed by the conference of committees for elect
ing members of this Convention.
Every ele&or, before his vote is received, shall take the
following oath or affirmation, instead of that heretofore
required, viz.— I do swear, (or affirm) that I will
befaithful and true to the Common Wealth of Pennsylvania ;
and that I will not, directly or indirectly, do any afl or thing
prejudicial or injurious to the confitution or government
thereof, as eftablfbed by the Convention.
And the Judges aud Inlp &ors of the said ele&ions
fliall, besides the oaths pte(ciibed in the law directing the
choice of Infpe&ors above-mentioned, take the oath cf
allegiance above recited. And
Rejolved, That the (aid General Assembly, chosen in
consequence cf the foregoing resolves, fliall meet at
Philadelphia, on fluefday, rhe nineteenth day cf Novem
ber next. Extract from the Minutes.
JOHN MORRIS, jun. Secretary.