Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1775-07-17 00:00:00, page 1

RULES ani ARTICLES, for the better
government of the PROOFS reefed, or to be
raijed, and kept in pay by and at the joint expence
of /^Twelve United English COLO
NIES of North-America.
In GENERAL CONGRESS of the
United Colonies, held at Philadelphia, on
the loth day of May, 1775.
^&*^^ HEREAS ''" Majefly's ^
§ "¥f f? faithful fubjefis in these Colonies
'^'&~,^,^ are reduced to a dangerous and
*'L '' b%* critical situation, by the attempts
ffr "rs „*° \% of the British Ministry, to carry
g ^ I"' 0 execution, by force •/ arms,
^/^ so % federal unconft itutional, and op
preface aRs of the Britifo Parliament for laying
taxes in America, to enforce the colledion of these
taxes, and for altering and changing the confitution
and internal police of some of these Colonies, in vio
lation of the natural, and civil rights of the Colonies.
And whereas, hofilities have been aflually com
menced in the Mafochufetf s-Bay, by the British
troops, under the command of General Gage, and
the lives of a number of the inhabitants of that Colo
ny deftroyed:—The town of Befton not only having
hern long occupied as a garrisoned to^n in an ene
my's country, but the inhabitants thereof treated oith
4 feverit,, and cruelty net to bejunified, even towards
declared enemies. And whereas large reinforcements
have been ordered, and are soon expelled for the de
clared purpose of compelling these Colonies to submit
to the operation of the saidf aid alls, which bath render
ed it necessary, and an indifpenfble duty, for toe
express purpose of securing and defending these Colo
nies, and preferring them in fafety againf all at
tempts, to carry tie said alls info execution : That
an armed force be railed Efficient to defeat such hos
tile dejigns, and preserve, and defend, the lives,
liberties, and immunities of the Colonies ; for the
due regulating and well ordering of which
Resolved, That the following RULES and
ORDERS be attended to, and observed ly fueb
forces as are or may hereafter be raised for the pur
fofe aforefaid.
ARTICLE I. That every officer who (hall
be retained, and every soldier who shall serve in
the Continental Army, shall, at the time of his
acceptance of his commission or inliftment, sub
scribe these rules and regulations. And that the
.officers and soldiers, already of that army, fltall
also as soon as may be fubferibe the fame; from
the time of which fubfeription every officer and
soldier ffit.ll be bound by those regulations. But
if any of the officers or soldiers, now of the said
army, do not fubferibe these rules and regulations,
then they may be retained in the said army, ful)-
jed to the rules and regulations under which they
entered into the service, or be dilcharged from
the service, at the option of the Commander in
chief.
Art. 2. It is earncftly recommended to all offi
cers and soldiers diligently to attend Divine Ser
vice; and all officers and soldiers, who shall be
have indecently or irreverently at any place of
Divine Worship, shall, if commiflioued officers,
be brought before a court-martial, there to be
publicly and severely reprimanded by the Presi
dent; if non commiflioned officers or soldiers,
every person so offending, shall, for his firft of
fence forfeit One Sixth of a Dollar, to be deduc
ed out of his next pay; for the second offence, he
shall not only forfeit a like sum, but be confined
for twenty-four hours; and for every like offence,
shall fuffer and pay in like manner, which money
so forfeited shall be applied to the use of the sick
soldiers of the troop or company to which the of
fender belongs.
Art. i Whatsoever non-commissioned officer or
soldier shall use any profane oath or execration,
shall incur the penalties exprefled in the second
article; and if a commiffiooed officer be thus
guilty of profane curling or swearing, he shall for
feit and pay for each and every such offence the
sum of Four Shillings, lawful money.
Art. 4. Any officer or soldier, who fliall be
have himfelf with contempt or difrefped towards
the General or Generals, or Commanders in chief
of the Continental Forces, or shall fpcak falfe
words, tending to his, or their hurt, or dishonour,
shall be punished, according to the nature of his
offence, by the judgment of a general court-martial.
Art. 5. Any officer or soldier, who shall begin,
excite, cause or join in any mutiny or (edition, in
the regiment, troop or company to which he be
longs, or in any other regiment, troop or compa
ny of the Continental Forces, either by land or
sea, or in any party, post, detachment, or guard,
on any pretence whatsoever, shall fuffer such pun
ishment as by a general court-martial shall be or
dered.
Art. 6. Arg^cr, non commiflioned officer,
or soldier, wfiobeiog present at any mutiny or se
dition, does net use his utmost endeavours to sup
press the fame, or coming to the knowledge of
any mutiny, or intended mutiny, does not, with
out delay, give information thereof to the com
mandinfoficcr, shall be punished by order of a
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GENERAL
VOL. IV.
M O N D A Y,
general court-martial according to the nature of
his offence.
Art. 7. Any officer or soldier, who shall strike
his superior officer, or draw or offer to draw, or
shall lift up any weapon, or offer any violence
against him, being in the execution of his office,
on any pretence whatsoever, or shall disobey any
lawful commands of his superior officer, shall fuf
fer such punishment as shall, according to the na
ture of his offence, be ordered by the sentence of
a general-court-martial
Art. 8. Any non-commissioned officer or soldi
er, who shall desert, or without leave of his com
manding officer, absent himfelf from the troop or
company to which he belongs, or from any de
tachment of the fame, shall, upon b^ing convidied
thereof, be punifned according to the nature of
his offence, at the diferetion of a general court
martial.
At. 9. Whatsoever officer or soldier shall be
convicted of having advised or peifuaded any other
officer or soldier to desert, shall fuffer such pun
ishment as shall be ordered by the sentence of a
general court-martial.
Art. 10. All officers, of what condition soever,
shall have power to part and quell all quarrels,
frays, and disorders, though the persons concern
ed should belong to another regiment, troop or
company; and either order officers to be arrested,
or non-commissioned officers or soldiers to be con
fined and imprisoned, till their proper superior of
ficers shall be acquainted therewith; and whoever
shall refufe to obey such officer (though of an in
ferior rank) or shall draw his sword upon him,
shall be punished at the diferetion of a general
court-martial.
Art. 11. No officer or soldier shall use any re
proachful or provoking speeches or gestures to ano
ther; nor shall presume to fend a challenge to any
person to fight a duel: and whoever shall know
ingly and willingly fuffer any petfon whatsoever to
go forth to fight a duel ; or shall second, promote,
or carry any challenge, shall be deemed as a prin
cipal : and whatsoever officer or soldier shall up
braid another for refuting a challenge, shall also be
considered as a challenger: and ailfuch offenders,
in any of these or such like cases, shall be punished
at the diferetion of a general court-martial.
Art. 12. Every officer commandingin quarters,
or on a march, shall keep good order, and, to the
utmost of his power, redress all such abuses, or
disorders which may be committed by any officer
or soldier under his command: If upon any com
plaint made to him, ofofficers or soldiers beating, or
otherwise ill-treating any person, or of committing
any kind of riot, to the disquieting of the inhabi
tants of this continent; he the said commander,
who shall refufe or omit to feejuftice done on the
offender or offenders, and reparation made to the
party or parties injured, as far as the offenders
wages shall enable him or them, shall, upon due
proof thereof, be punished as ordered by a general
court-martial, in such manner as if he himfelf had
committed the crimes or disorders complained of.
Art. 13. If any officer should think himfelf to
be wronged by his Colonel or the commanding of
ficer of the regiment, and shall, upon due appli
cation made to him, be refufed to be redreiTed, he
may complain to the General or Commander in
chief of the Continental Forces, in order to obtain
justice, who is hereby required to examine into
laid complaint, and fee that justice be dome.
Art. 14. If any inferior officer or soldier, shall
think himfelf wronged by his Captain or other of
ficer commanding the troop or company to which
he belongs, he is to complain thereof to the com
manding officer of the regiment, who is hereby
required to lummon a regimental court-martial,
for the doing justice to the complainant; from
which regimental court-martial, either party may,
if he thinks himfelf ftiil aggrieved, appeal to a ge
neral court-martial; but if, upon a second hear
ing, the appeal shall appear to be vexatious and
groundless, the person so appealing, shall be pun
ched at the diferetion of the general court-martial.
Art 15. Whatsoever non commiflioned officer
or soldier, shall be convifted, at a regimental court
martial, of having fold, or designedly, or through
negleft, wafted the ammunition, arms, or provi
sions, or other military stores, delivered out to
him, to be employed in the service of this Conti
nent, shall, if an officer, be reduced to a private
centinel ; and if a private soldier, shall fuffer such
punishment as fliall be ordered by a regimental
court-martial.
Art. 16. All non-commissioned officers and sol
diers, who fliall be found one mile from the camp,
without leave in writing from their commanding of
ficer, shall fuffer such punishment as shall be in-
Aided on him or them by the sentence of a regi
mental court-martial.
Art. 17. No officer or soldier shall lie out of his
quarters, or camp, without leave from the com
manding officer of the regiment, upon penalty of
being punished according to the nature of his of
fence, by order of a regimental court-martial.
Art. 18. Every non-commissioned officer and
soldier shall retire to his quarters, or tent, at the
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beating of the retreat; in default of which, he
shall be punished according to the nature of his
offence, by order of the commanding officer.
Art. 19. No officer, non-commissioned officer
or soldier shall tail of repairing, at the time fixed,
to the place of parade or exercise, or other ren
dezvous appointed by the commanding officer, if
not prevented by sickness, or some other evident
necessity; or shall go from the said place of ren
dezvous, or from bis guard, without leave from
his commanding officer, before he shall be regu
larly dismissed or relieved, on penalty of being
punished according to the nature of his offence, by
the sentence of a regimental court-martial.
Art. 2®. Whatsoever commiflioned officer shall
oe found drunk on his guard, party, or other
duty, under arms, shall be cashiered for it; any
non-commissioned officer or soldier, so offending;
shall fuffer inch punishment as shall be ordered by
the sentence of a regimental court martial.
Art. 21. Whatsoever centinel shall be found
sleeping upon his poll, or shall leave it before he
shall be regularly relieved, shall fuffer such pun
ishment as shall be ordered by the sentence of a
general court-martial.
rrt. 22. Any person belonging to the Conti
nental army, who by difeharging of fire-arms,
beating of drums, or by any other means whatso
ever, shall occasion falfe alarms, in camp or quar
ters, fliall fuffer such punishment as shall be or
dered by the sentence of a general court-martial.
Art. 23. Any officer or soldier, who shall with
out urgent neceftty, or without leave of his su
perior officer, quit his platoon or division, shall
be punished according to the nature of his offence,
by the sentence of a regimental court-martial.
zrt. 24. No officer or soldier shall do violence,
or offer apy inlult, or abuse, to any person who
shall bring provisoes, or other necessaries, to the
camp, or quarters of the Continental army ; any
officer or soldier so offending, shall, upon com
plaint bei r g made to the commanding officer, fuf
fer such punishment as shall be ordered by a regi
mental court-martial.
Art. 25. Whatsoever officer or soldier shall
fliamefully abandon any post committed to bis
charge, or fnall speak words inducing others to do
the like, in time of an engagement, shall fuffer
death immediately.
Art. 26. Any person belonging to the conti
nental army, who shall make known the watch
word to any person who is not entitled to receive
it, according to the rules and discipline of war, or
shall presume to give a parole, or watch-word
different from what he received, shall fuffer death,
or such other punishment as shall be ordered by
the sentence of a general court-martial.
Art. 27. Wbofoever, belonging to the conti
nental army, shall relieve the enemy with money,
victuals, or ammunition ; or shall knowingly har
bour or proted an enemy, fliall fuffer such pu
nishment as by a general court-martial shall be or
dered.
Art. 28. Whosoever, belonging to the conti
nental army, shall be convi&ed of holding corre
spondence with, or of giving intelligence to the
enemy, cither directly or indirectly, shall fuffer
such punishment as by a general court-martial shall
be ordered.
Art. 29. All public stores taken in the enemy's
camp or magazines, whether of artillery, am
munition, eloathing or provisions, shall be Secur
ed for the use of the United Colonies.
Art. 30. If any officer or soldier shall leave
his post or colours, in time of an engagement, to
go in search of plunder, he shall, upon being con
victed thereof before a general court maitial, fuf
fer such punishment as fry said court-martial shall
be ordered.
Art. 31. If any commander of any post, in
trenchment, or fortrefs, shall be compelled, by the
officers or soldiers under bis command, to giveit
up to the enemy, or to abandon it, the commiili
oned officer, non-commiflioned officers or soldiers
who shall be convitled of having so offended, shall
fuffer death, or such other pumlhment as may be
infilled upon them by the sentence of a general
court-martial.
Art. 32. All futtlers and retailers to a camp,
and all persons whatsoever, feiving with the con
tinental army in the field, though not enlisted sol
diers, are to be fubjeft to the articles, rules and
regulations ofthe continental army.
Art. 33. No general court-martial ffiall consist
of a less number than thirteen, none of which
shall be under the degree of a commiflioned offi
cer ; and the prefideut shall be a field officer:
And the president of each and every court-martial,
whether general or regimental, fnall have power
to administer an oath to every witness, in order
to the trial of offenders. And the members of all
courts martial shall be duly (worn by the picli
dent; and the next in rank on the court-martial,
shall adininiUer the oath to the president.
Art. 34. The members, both of general and
regimental courts-martial, shall, when belonging
to different corps, take the fame rarilc which they
hold in the army; but when courts-nurtiJ shall
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ADVERTISER.
J U L Y i 7 tb, 1775 .
be composed of officers of one corps, they Hull
take tiieir ranks according to their comirifiions
by which they are mufteted in the said corps.
" rt ' 35' AM the menbers of a court-martial,
are to behave with calmness, decency, and impar
tiality; and in giving of their votes; are to begin,
with the youngest or lowest in commillion.
Art. 36. Nofield officer shall be tried by any
person under the degree of a captain; nor shall
any proceedings or trials be carried on, excepting
between the hours of eight in the morning, and
three in the afternoon, except in cases which re
quire an immediate example.
Art. 37. The commissioned officers of every
regiment may, by the appointment of their Colo
nel or commanding officer, hold regimental courts
martial for the enquiring into such disputes or
criminal matters as may come before them, and
for the inflicting corporal punishments, for final!
offences, and shall give judgment by the majority
of voices ; but no sentence shall be executed til!
the commanding officer (not being a member of
the court-martial) shall have confirmed the fame.
Art. 38. No rrfmental court-martial shall
consist of less than five officers, excepting in cases
were that number cannot be conveniently assemb
led, when three may be fufficient; who are like
wise to determine upon the sentence by the major
ity of voices; which sentence is to be confirm
ed by the commanding officer, not being a member
of the court-martial.
Art. 39. Every officer, commanding in any
fort, castle, or barrack, or e'fewhere, where the
corps under his command conlifts of detachments
from different regiments, or of independent com
panies, may assemble courts-martial for the trial
of offenders in the fame manner as iftbey were re
gimental, whose sentence is not to be executed
till it shall be confirmed by the said com :iand ;rf r
omcer.
Art. 40. No person whatsoever shall use mena
cing words, hgns, or gestures in the presence ofa
court-martial then fitting, or shall cause any dis
order or riot, so as to disturb their proceeding
on the penalty of being punished at the diferaioa
of the said court-martial.
Art 4.1. Io the end that offenders mav b^
brought tojullice; whenever any officer or soldi
er fhail commit a crime deferviog punishment, he
shall by his commanding officer, if an officer,
be put in arrest; if a non-commhlioned officer cr
soldier, be imprisoned till he shall be ei:her tried
by a court-martial, or shall be lawfully difeharged
by proper authority.
Art. 42. No officer or soldier who shall be put
in arrest, or imprisonment, shall continue in his
confinement more than eight days, or till such
time as a court-martial can be conveniently aftre
bled.'
Art. 43. No officer commanding a guard, or
provoll-marflial, shall refufe to receive or keep
any prisoner committed to his charge, by an offi
cer belonging to the Continental forces; which
officer shall at the fame time deliver in account
in writing, signed by himfelf, ofthe crime with
which the said prisoner is charged.
Art. 44. No officer commanding a guard, or
provost-marshal, shall presume to release any pri
soner committed to his charge, without proper au
thority for so doing; nor shall he fuffer any pri
soner to escape, on the penalty of being punished
for it, by the sentence of a general court-martial.
Art 45. Every officer or provofbma^ fh?l, to
whose charge ptifoners shall be committed, is
hereby required, within twenty-four hours after
such commitment, or as soon as he shall be reliev
ed from his guard, to five in writing to the Colo
nel ofthe regiment to whom the prisoner belongs
(where the prisoner is confined upon the c^jd
belonging to the said regiment, and that his offerer)
only relates to the neglect of duty in his cum
corps) or to the commander in chief, their namc<,
their crimes, and the names of the officers vh> 0
committed them, on the penalty cf being punid^d
for his disobedience or negleA, at the dilctcn^ cf
a general court-martial.
Art. 46. And if anv officer under arrest flulf
leave his confinement before he is let at hbrr r
by the officer who confined him, or by a fo.permr
power, he shall be cashiered for it.
Art. 47- Irhatfo^vcr commifioned officer (had
be convicted before a general court-martial, of
behaving in a scandalous, infamous manner, hon
as is unbecoming the cbdra&er of an ofneer and &
gentleman, shall be difeha ged from the service.
Art. 48. All officers, conduct rs, gunners, ma
troffes, drivers, cr any other persons whatsoever,
receiving pay or hire, in the service of the c<mu
nental artillery, shall be governed by the afore
faid rules and articles, and shall be fubjeci to be
tried by courts-martial, in like manner with the
officers and soldiers of the Continental troops.
An. 49. For differences a rising amongti: them
fches, cr in matters relating falely to their own
corps, the courts martial may be composed of their
own officers; but where a number fufficient of
such officers cannot be affemb'ed, or in matters
wherein other coips ate interfiled, the officers of
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