The Avalon Project at the Yale Law School
Journals of the
Continental Congress Articles of War;
September 20, 1776
Friday, September 20, 1776
A letter of the 18th, from General
Washington,(1) also,
A letter of the 13th, from the
general Assembly of Massachusetts bay, with sundry papers enclosed, were laid
before Congress, and read.
Resolved, That the letter from the general
Assembly of Massachusetts Bay be referred to the Marine Committee.
In order to prevent the officers and
soldiers, who shall be entitled to the lands hereafter to be granted by the
resolution of Congress of the 16, from disposing of the same, during the war,
Resolved, That this Congress will not grant
lands to any person or persons, claiming under the assignment of an officer or
soldier.(2)
Resolved, That the Medical Committee be
directed to forward 300 lb. of Peruvian bark to the southern department, for
the use of the troops in the said department.
Congress resumed the consideration of
the articles of war, which, being debated by paragraphs, were agreed to, as
follows (3)
ARTICLES OF WAR
Resolved, That from and after the
publication of the following articles, in the respective armies of the United
States, the rules and articles by which the said armies have heretofore been
governed, shall be, and they are, hereby repealed.(4)
SECTION I
Article 1. That every officer who
shall be retained in the army of the United States, shall, at the time of his
acceptance of his commission, subscribe these rules and regulations.
Art. 2. It is earnestly recommended
to all officers and soldiers diligently to attend divine service: and all
officers and soldiers who shall behave indecently, or irreverently, at any
place of divine worship, shall, if commissioned officers, be brought before a
general court-martial, there to be publicly and severely reprimanded by the
president; if non-commissioned officers or soldiers, every person so offending
shall, for his first of fence, forfeit 1/6th of a dollar, to be deducted out of
his next pay; for the second offense, he shall not only forfeit a like sum, but
be confined for twenty-four hours; and, for every like offense, shall suffer
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 offender belongs.
Art. 3. Whatsoever non-commissioned
officer or soldier shall use any profane oath or execration, shall incur the
penalties expressed in the foregoing article; and if a commissioned officer be
thus guilty of profane cursing or swearing, he shall forfeit and pay, for each
and every such offense, two-thirds of a dollar.
Art. 4. Every chaplain who is
commissioned to a regiment, company, troop, or garrison, and shall absent
himself from the said regiment, company, troop, or garrison, (excepting in case
of sickness or leave of absence) upon Pain of being brought to a Court
Martial and punished as their judgment and the circumstances of his offence may
require shall be brought to a court-martial, and be fined not exceeding one
month's pay, besides the loss of his pay during his absence, or be discharged,
as the said court-martial shall judge most proper.
SECTION II
Art. 1. Whatsoever officer or soldier
shall presume to use traitorous or disrespectful words against the authority of
the United States in Congress assembled, or the legislature of any of the
United States in which he may be quartered, if a commissioned officer, he shall
be cashiered; if a non-commissioned officer or soldier, he shall suffer such
punishment as shall be indicted upon him by the sentence of a court-martial.
Art. 2. Any officer or soldier who
shall behave himself with contempt or disrespect towards the general, or other
commander in chief of the forces of the United States, or shall speak words
tending to his hurt or dishonor, shall be punished according to the nature of
his offense, by the judgment of a court-martial.
Art. 3. Any officer or soldier who
shall begin, excite, cause or join, in any mutiny or sedition, in the troop,
company or regiment to which he belongs, or in any other troop or company in
the service of the United States, or in any party, post, detachment or guard,
on any pretence whatsoever, shall suffer death, or such other punishment as by
a court-martial shall be inflicted.
Art. 4. Any officer, non-commissioned
officer, or soldier, who, being present at any mutiny or sedition, does not use
his utmost endeavor to suppress the same, or coming to the knowledge of any
intended mutiny, does not, without delay, give information thereof to his
commanding officer, shall be punished by a court-martial with death, or
otherwise, according to the nature of the offense.
Art. 5. Any officer or soldier who
shall strike his superior officer, or draw, or shall lift up any weapon, or
offer any violence against him, being in the execution of his office, on any
presence whatsoever, or shall disobey any lawful command of his superior
officer, shall suffer death, or such other punishment as shall, according to
the nature of his offence, be inflicted upon him by the sentence of a
court-martial.
Art. 1. Every non-commissioned
officer and soldier, who shall inlist himself in the service of the United
States, shall at the time of his so inlisting, or within six days afterwards,
have the articles for the government of the forces of the United States read to
him, and shall, by the officer who inlisted him, or by the commanding officer
of the troop or company into which he was inlisted, be taken before the next
justice of the peace, or chief magistrate of any city or town-corporate, not
being an officer of the army, or, where recourse cannot be had to the civil
magistrate, before the judge-advocate, and, in his presence, shall take the
following oath, or affirmation, if conscientiously scrupulous about taking an
oath:
I swear, or affirm, (as the case may
be,) to be true to the United States of America, and to serve them honestly and
faithfully against all shear enemies or opposers whatsoever; and to observe and
obey the orders of the Continental Congress, and the orders of the generals and
officers set over me by them.
Which justice or magistrate is to
give the officer a certificate, signifying that the man inlisted, did take the
said oath or affirmation.
Art. 2. After a non-commissioned
officer or soldier shall have been duly inlisted and sworn, he shall not be
dismissed the service without a discharge in writing; and no discharge, granted
to him, shall be allowed of as sufficient, which is not signed by a
field-officer of the regiment into which he was inlisted, or commanding
officer, where no field-officer of the regiment is in the same state.
SECTION IV
Art. 1. Every officer commanding a
regiment, troop, or company, shall, upon the notice given to him by the
commissary of musters, or from one of his deputies, assemble the regiment,
troop or company, under his command, in the next convenient place for their
being mustered.
Art. 2. Every colonel or other
field-officer commanding the regiment, troop, or company, and actually residing
with it, may give furloughs to non-commissioned officers and soldiers, in such
numbers, and for so long a time, as he shall judge to be most consistent with
the good of the service; but, no non-commissioned officer or soldier shall, by
leave of his captain, or inferior officer, commanding the troop or company (his
field-officer not being present) be absent above twenty days in six months, nor
shall more than two private men be absent at the same time from their troop or
company, excepting some extraordinary occasion shall require it, of which
occasion the field officer, present with, and commanding the regiment, is to be
the judge.
Art. 3. At every muster, the
commanding officer of each regiment, troop, or company, there present, shall
give to the commissary, certificates signed by himself, signifying how long
such officers, who shall not appear at the said muster, have been absent, and
the reason of their absence; in like manner, the commanding officer of every
troop or company shall give certificates, signifying the reasons of the absence
of the non-commissioned officers and private soldiers; which reasons, and time
of absence, shall be inserted in the muster-rolls opposite to the names of the
respective absent officers and soldiers: The said certificates shall, together
with the muster-rolls, be remitted by the commissary to the Congress, as speedily
as the distance of place will admit.
Art. 4. Every officer who shall be
convicted before a general court-martial of having signed a false certificate,
relating to the absence of either officer or private soldier, shall be
cashiered.
Art. 5. Every officer who shall
knowingly make a false muster of man or horse, and every officer or commissary
who shall willingly sign, direct, or allow the signing of the muster-rolls,
wherein such false muster is contained, shall, upon proof made thereof by two
witnesses before a general court-martial, be cashiered, and shall be thereby
utterly disabled to have or hold any office or employment in the service of the
United States.
Art. 6. Any commissary who shall be
convicted of having taken money, or any other thing, by way of gratification,
on the mustering any regiment, troop, or company, or on the signing the muster
rolls, shall be displaced from his office, and, more over, forfeit such Pay
as may be due to him at the time of conviction of such offence and shall be
thereby utterly disabled to have or hold any office or employment under the
United States.
Art. 7. Any officer who shall presume
to muster any person as a soldier, who is, at other times, accustomed to wear a
livery, or who does not actually do his duty as a soldier, shall be deemed
guilty of having made a false muster, and shall suffer accordingly.
SECTION V
Art. 1. Every officer who shall
knowingly make a false return to the (Congress, or any committee thereof, to
the commander in chief of the forces of the United States, or to any his
superior officer authorized to call for such returns, of the state of the
regiment, troop, or company, or garrison, under his command, or of arms,
ammunition, clothing, or other stores hereunto belonging, shall, by a
court-martial, be cashiered.
Art. 2 The commanding officer of
every regiment, troop, or independent company, or garrison of the United
States, shall, in the beginning of every month, remit to the commander in chief
of the American forces, and to the Congress, an exact return of the state of
the regiment, troop, independent company, or garrison under his command,
specifying the names of the officers not then residing at their posts, and the
reason for, and time of, their absence: Whoever shall be convicted of having,
through neglect or design, omitted the sending such returns, shall be punished
according to the nature of his crime, by the judgment of a general court-martial.
SECTION VI
Art. 1. All officers and soldiers,
who having received pay, or having been duly inlisted in the service of the
United States, shall be convicted of having deserted the same, shall suffer
death, or such other punishment as by a court-martial shall be inflicted.
Art. 2. Any non-commissioned officer
or soldier, who shall, without leave from his commanding officer, absent
himself from his troop or company, or from any detachment with which he shall
be commanded, shall, upon being convicted thereof, be punished, according to
the nature of his offence, at the discretion of a court-martial.
Art. 3. No non-commissioned officer
or soldier shall inlist himself in any other regiment, troop or company,
without a regular discharge from the regiment, troop or company, in which he
last served, on the penalty of being reputed a deserter, and suffering
accordingly: And in case any officer shall, knowingly, receive and entertain
such non-commissioned officer or soldier, or shall not, after his being
discovered to be a deserter' immediately confine him, and give notice thereof
to the corps in which he last served, he, the said officer so offending, shall,
by a court-martial, be cashiered.
Art. 4. Whatsoever officer or soldier
shall be convicted of having advised or persuaded any other officer or soldier
to desert the service of the United States, shall suffer such punishment as
shall be inflicted upon him by the sentence of a court-martial.
SECTION VII
Art. 1. No officer or soldier shall
use any reproachful or provoking speeches or gestures to another, upon pain, if
an officer, of being put in arrest; if a soldier, imprisoned, and of asking
pardon of the party offended, in the presence of his commanding officer.
Art. 2. No officer or soldier shall
presume to send a challenge to any other officer or soldier, to fight a duel,
upon pain, if a commissioned officer, of being cashiered, if a non-commissioned
officer or soldier, of suffering corporal punishment, at the discretion of a
court-martial.
Art. 3. If any commissioned or
non-commissioned officer commanding a guard, shall, knowingly and willingly,
suffer any person whatsoever to go forth to fight a duel, he shall be punished
as a challenger: And likewise all seconds, promoters, and carriers of
challenges, in order to duels, shall be deemed as principals, and be punished
accordingly.
Art. 4. All officers, of what
condition soever, have power to part and quell all quarrels, frays, and
disorders, though the persons concerned should belong to another regiment,
troop or company; and either to order officers into arrest, or non-commissioned
officers or soldiers to prison, till their proper superior officers shall be
acquainted therewith; and whosoever shall refuse to obey such officer (though
of an inferior rank) or shall draw his sword upon him, shall be punished at the
discretion of a general court-martial.
Art. 5. Whatsoever officer or soldier
shall upbraid another for refusing a challenge, shall himself be punished as a
challenger; and all officers and soldiers are hereby discharged of any
disgrace, or opinion of disadvantage, which might arise from their having refused
to accept of challenges, as they will only have acted in obedience to the
orders of Congress, and done their duty as good soldiers, who subject
themselves to discipline.
SECTION VIII
Art. 1. No suttler shall be permitted
to sell any kind of liquors or victuals, or to keep their houses or shops open,
for the entertainment of soldiers, after nine at night, or before the beating
of the reveilles, or upon Sundays, during divine service, or sermon, on the
penalty of being dismissed from all future settling.
Art. 2. All officers, soldiers and
suttlers, shall have full liberty to bring into any of the forts or garrisons
of the United American States, any quantity or species of provisions, eatable
or drinkable, except where any contract or contracts are, or shall be entered
into by Congress, or by their order, for furnishing such provisions, and with
respect only to the species of provisions so contracted for.
Art. 3. All officers, commanding in
the forts, barracks, or garrisons of the United States, are hereby required to
see, that the persons permitted to settle, shall supply the soldiers with good
and wholesome provisions at the market price, as they shall be answerable for
their neglect.
Art. 4. No officers, commanding in
any of the garrisons, forts, or barracks of the United States, shall either
themselves exact exorbitant prices for houses or stalls let out to settlers, or
shall connive at the like exactions in others; nor, by their own authority and
for their private advantage, shall they lay any duty or imposition upon, or be
interested in the sale of such victuals liquors, or other necessaries of life,
which are brought into the garrison, fort, or barracks, for the use of the
soldiers, on the penalty of being discharged from the service.
SECTION IX
Art. 1. Every officer commanding in
quarters, garrisons, 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 complaint made to him of
officers or soldiers beating, or otherwise ill-treating any person; of
disturbing -~,a~ or markets, or of committing any kind of riots to the
disquieting of the good people of the United States; he the said commander, who
shall refuse or omit to see justice done on the offender or offenders, and
reparation made to the party or parties injured, as far as part of the
offenders pay shall enable him or them, shall, upon proof thereof, be punished,
by a general court-martial, as if he himself had committed the crimes or
disorders complained of.
SECTION X
Art. 1. Whenever any officer or
soldier shall be accused of a capital crime, or of having used violence, or
committed any offense against the persons or property of the good people of any
of the United American States, such as is punishable by the known laws of the
land, the commanding officer and officers of every regiment, troop, or party,
to which the person or persons so accused shall belong, are hereby required,
upon application duly made by or in behalf of the party or parties injured, to
use his utmost endeavors to deliver over such accused person or persons to the
civil magistrate; and likewise to be aiding and assisting to the officers of
justice in apprehending and securing the person or persons so accused, in order
to bring them to a trial. If any commanding officer or officers shall wilfully
neglect or shall refuse, upon the application aforesaid, to deliver over such
accused person or persons to the civil magistrates, or to be aiding and
assisting to the officers of justice in apprehending such person or persons,
the officer or officers so offending shall be cashiered.
Art. 2. No officer shall protect any
person from his creditors, on the presence of his being a soldier, nor any
non-commissioned officer or soldier who does not actually do all duties as
such, and no farther than is allowed by a resolution of Congress, bearing date
the 26th day of December, 1775. Any officer offending herein, being convicted
thereof before a court-martial, shall be cashiered.
SECTION XI
Art. 1. If any officer shall think
himself to be wronged by his colonel, or the commanding officer of the
regiment, and shall, upon due application made to him, be refused to be
redressed, he may complain to the general, commanding in chief the forces of
the United States, in order to obtain justice, who is hereby required to
examine into the said complaint, and, either by himself, or the board of war,
to make report to Congress thereupon, in order to receive further directions.
Art. 2. If any inferior officer or
soldier shall think himself wronged by his captain, or other officer commanding
the troop or company to which he belongs, he is to complain thereof to the
commanding officer of the regiment, who is hereby required to summon a
regimental court-martial, for the doing justice to the complainant; from which
regimental court-martial either party may, if he thinks himself still
aggrieved, appeal to a general court-martial; but if, upon a second hearing,
the appeal shall appear to be vexatious and groundless, the person so appealing
shall be punished at the discretion of the said general court-martial
SECTION XII
Art. 1. Whatsoever commissioned
officer, store-keeper, or commissary, shall be convicted at a general
court-martial of having sold (without a proper order for that purpose) embezzled,
misapplied, or wilfully, or through neglect, suffered any of the provisions,
forage, arms, clothing, ammunition, or other military stores belonging to the
United States, to be spoiled or damaged, the said officer, store-keeper, or
commissary so offending, shall, at his own charge, make good the loss or
damage, shall moreover forfeit all his pay, and be dismissed from the service.
Art. 2. Whatsoever non-commissioned
officer or soldier shall be convicted, at a regimental court-martial, of having
sold, or designedly, or through neglect, wasted the ammunition delivered out to
him to be employed in the service of the United States, shall, if a
non-commissioned officer, be reduced to a private sentinel, and shall besides
suffer corporal punishment in the same manner as a private sentinel so
offending, at the discretion of a regimental court-martial.
Art. 3. Every non-commissioned
officer or soldier who shall be convicted at a court-martial of having sold,
lost or spoiled, through neglect, his horse, arms, clay or accoutrements shall
undergo such weekly stoppages (not exceeding the half of his pay) as a
court-martial shall judge sufficient for raring the loss or damage; and shall
suffer imprisonment, or such other corporal punishment, as his crime shall
deserve.
Art. 4. Every officer who shall be
convicted at a court-martial of having embezzled or misapplied any money with
which he may have been entrusted for the payment of the men under his command,
or for inlisting men into the service, if a commissioned officer, shall be
cashiered and compelled to refund the money, if a non-commissioned officer,
shall be reduced to serve in the ranks as a private soldier, be put under
stoppages until the money be made good, and suffer such corporal punishment
(not extending to life or limb) as the court-martial shall think fit.
Art. 5 Every captain of a troop or
company is charged with the arms, accoutrements, ammunition, clothing, or other
warlike stores belonging to the troop or company under his command, which he is
to be accountable for to his colonel, in case of their being lost, spoiled, or
damaged, not by unavoidable accidents, or on actual service.
SECTION XIII
Art. 1. All non-commissioned officers
and soldiers, who shall be found one mile from the camp, without leave, in
writing, from their commanding officer, shall suffer such punishment as shall
be inflicted upon them by the sentence of a court-martial.
Art. 2. No officer or soldier shall
lie out of his quarters, garrison, or camp, without leave from his superior
officer, upon penalty of being punished according to the nature of his offense,
by the sentence of a court-martial.
Art. 3. Every non-commissioned
officer and soldier shall retire to his quarters or tent at the beating of the
retreat; in default of which he shall be punished, according to the nature of
his offense, by the commanding officer.
Art. 4. No officer, non-commissioned
officer, or soldier, shall fail of repairing, at the time fixed, to the place
of parade of exercise, or other rendezvous appointed by his commanding officer,
if not prevented by sickness, or some other evident necessity; or shall go from
the said place of rendezvous, or from his guard, without leave from his
commanding officer, before he shall be regularly dismissed or relieved, on the
penalty of being punished according to the nature of his offense, by the
sentence of a court-martial.
Art. 5. Whatever commissioned shall
be found drunk on his guard, party, or other duty under ads, shall be cashiered
for it; any non-commissioned officer or soldier so offending, shall suffer such
corporal punishment as shall be inflicted by the sentence of a court-martial.
Art. 6. Whatever sentinel shall be
found sleeping upon his post, or shall leave it before he shall be regularly
relieved, shall suffer death, or such other punishment as shall be inflicted by
the sentence of a court-martial.
Art. 7. No soldier belonging to any
regiment, troop, or company, shall hire another to do his duty for him, or be
excused from duty, but in case of sickness, disability, or leave of absence;
and every such soldier found guilty of hiring his duty, as also the party so
hired to do another's duty, shall be punished at the next regimental
court-martial.
Art. 8. And every non-commissioned
officer conniving at such hiring of duty as aforesaid, shall be reduced for it;
and every commissioned officer, knowing and allowing of such ill-practices in
the service, shall be punished by the judgment of a general court-martial.
Art. 9. Any person, belonging to the
forces employed in the service of the United States, who, by discharging of
fire-arms, drawing of swords, beating of drums, or by any other means
whatsoever, shall occasion false alarms in camp, garrison, or quarters, shall
suffer death, or such other punishment as shall be ordered by the sentence of a
general court-martial.
Art. 10. Any officer or soldier who
shall, without urgent necessity, or without the leave of his superior officer,
quit his platoon or division, shall be punished, according to the nature of his
of fence, by the sentence of a court-martial.
Art. 11. No officer or soldier shall
do violence to any person who brings provisions or other necessaries to the
camp, garrison or quarters of the forces of the United States employed in parts
out of said states, on pain of death, or such other punishment as a
court-martial shall direct.
Art. 12. Whatsoever officer or
soldier shall misbehave himself before the enemy, or shamefully abandon any
post committed to his charge, or shall speak words inducing others to do the
like, shall suffer death.
Art. 13. Whatsoever officer or
soldier shall misbehave himself before the enemy, and run away, or shamefully
abandon any fort, post or guard, which he or they shall be commanded to defend,
or speak words inducing others to do the like; or who, after victory, shall
quit his commanding officer, or post, to plunder and pillage: Every such
offender, being duly convicted thereof, shall be reputed a disobeyer of
military orders; and shall suffer death, or such other punishment, as, by a
general court-martial, shall be inflicted on him.
Art. 14. Any person, belonging to the
forces of the United States, who shall cast away his arms and ammunition, shall
suffer death, or such other punishment as shall be ordered by the sentence of a
general court-martial.
Art. 15. Any person, belonging to the
forces of the United States, 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 suffer death, or such other punishment as shall be ordered by
the sentence of a general court-martial.
Art. 16. All officers and soldiers
are to behave themselves orderly in quarters, and on their march; and whosoever
shall commit any waste or spoil, either in walks of trees, parks, warrens,
fish-ponds, houses or gardens, cornfields, enclosures or meadows, or shall
maliciously destroy any property whatsoever belonging to the good people of the
United States, unless by order of the then commander in chief of the forces of
the said states, to annoy rebels or other enemies in arms against said states,
he or they shall be found guilty of offending herein, shall (besides such
penalties as they are liable to by law) be punished according to the nature and
degree of the offense, by the judgment of a regimental or general
court-martial.
Art. 17. Whosoever, belonging to the
forces of the United States, employed in foreign parts, shall force a
safe-guard, shall suffer death.
Art. 18. Whosoever shall relieve the
enemy with money, victuals, or ammunition, or shall knowingly harbour or
protect an enemy, shall suffer death, or such other punishment as by a
court-martial shall be inflicted.
Art. 19. Whosoever shall be convicted
of holding correspondence with, or giving intelligence to the enemy, either
directly or indirectly, shall suffer death, or such other punishment as by a
court-martial shall be indicted.
Art. 20. All public stores taken in
the enemy's camp, towns, forts, or magazines, whether of artillery, ammunition,
clothing, forage, or provisions, shall be secured for the service of the United
States; for the neglect of which the commanders in chief are to be answerable.
Art. 21. If any officer or soldier
shall leave his post or colors to go in search of plunder, he shall upon being
convicted thereof before a general court-martial, suffer death, or such other
punishment as by a court-martial shall be inflicted.
Art. 22. If any commander of any
garrison, fortress, or post, shall be compelled by the officers or soldiers
under his command, to give up to the enemy, or to abandon it, the commissioned
officers, non-commissioned officers, or soldiers, who shall be convicted of
having so offended, shall suffer death, or such other punishment as shall be
inflicted upon them by the sentence of a court-martial.
Art. 23. All settlers and retainers
to a camp, and all persons whatsoever serving with the armies of the United
States in the field, though no inlisted soldier, are to be subject to orders,
according to the rules and discipline of war.
Art. 24. Officers having brevets, or
commissions of a prior date to those of the regiment in which they now serve,
may take place in courts-martial and on detachments, when composed of different
corps, according to the ranks given them in their brevets or dates of their
former commissions; but in the regiment, troop, or company to which such brevet
officers and those who have commissions of a prior date do belong, they shall
do duty and take rank both on court-martial and on detachments which shall be
composed only of their own corps, according to the commissions by which they
are mustered in the said corps.
Art. 25. If upon marches, guards, or
in quarters, different corps shall happen to join or do duty together, the eldest
officer by commission there, on duty, or in quarters, shall command the whole,
and give out orders for what is needful to the service; regard being always had
to the several ranks of those corps, and the posts they usually occupy.
Art. 26. And in like manner also, if
any regiments, troops, or detachments of horse or foot shall happen to march
with, or be encamped or quartered with any bodies or detachments of other
troops in the service of the United States, the eldest officer, without respect
to corps, shall take upon him the command of the whole, and give the necessary
orders to the service.
SECTION XIV.
Art. 1. A general court-martial in
the United States shall not consist of less than thirteen commissioned officers,
and the president of such court-martial shall not be the commander in chief or
commandant of the garrison where the offender shall be tried, nor be under the
degree of a field officer.
Art. 2. The members both of general
and regimental courts-martial shall, when belonging to different corps, take
the same rank which they hold in the army; but when courts-martial shall be
composed of officers of one corps, they shall take their ranks according to the
dates of the commissions, by which they are mustered in the said corps.
Art. 3. The judge advocate general,
or some person deputed by him, shall prosecute in the name of the United States
of America; and in trials of offenders by general courts-martial, administer to
each member the following oaths:
" You shall well and truly try
and determine, according to your evidence, the matter now before you, between
the United States of America, and the prisoners to be tried. So help you God.
" You A. B. do swear, that you
will duly administer justice according to the rules and articles for the better
government of the forces of the United States of America, without partiality,
favor, or affection; and if arty doubt shall arise, which is not explained by
the said articles, according to your conscience, the Zest of your
understanding, and the custom of war in the like cases. And you do further
swear, that you will not divulge the sentence of the court, until it shall be
approved of by the general, or commander in chief; neither will you, upon any
account, at any time whatsoever, disclose or discover the vote or opinion of
any particular member of the court-martial, unless required to give evidence
thereof as a witness by a court of justice, in a due course of law. So help you
Good."
And as soon as the said oath shall
have been administered to the respective members, the president of the court
shall administer to the judge-advocate, or person officiating as such, an oath
in the following words:
"You A. B. do swear, that you
will not, upon any account, at any time whatsoever, disclose or discover the
vote or opinion of any particular member of the court-martial, unless required
to give evidence thereof, as a witness, by a court of justice, in a due Course
of law. So help you God."
Art. 4. All the members of a
court-martial are to behave with calmness and decency; and in the giving of
their votes, are to begin with the youngest in commission.
Art. 5. All persons who give evidence
before a general court-martial, are to be examined upon oath; and no sentence
of death shall be given against any offender by any general court-martial,
unless two-thirds of the officers present shall concur therein.
Art. 6. All persons called to give
evidence, in any cause, before a court-martial, who shall refuse to give
evidence, shall be punished for such refusal, at the discretion of such
court-martial: The oath to be administered in the following form, viz.
"You swear the evidence you
shall give in the cause now an hearing, shall be the truth, the whole truth,
and nothing but the truth. So help you God."
Art. 7. No field-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 of
three in the afternoon, except in cases which require an immediate example.
Art. 8. No sentence of a general
court-martial shall be put in execution, till after a report shall be made of
the whole proceedings to Congress, or to the general or commander in chief of
the forces of the United States, and their or his directions be signified
thereupon.
Art. 9. For the more equitable decision
of disputes which may arise between officers and soldiers belonging to
different corps, it is hereby directed, that the courts-martial shall 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 shall be eldest in rank.
Art. 10. The commissioned officers of
every regiment may, by the appointment of their colonel 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 small offences, and shall give judgment by the majority of
voices; but no sentence shall be executed till the commanding officer (not
being a member of the court-martial) or the commandant of the garrison, shall
have confirmed the same.
Art. 11. No regimental court-martial
shall consist of less than five officers, excepting in cases where that number
cannot conveniently be assembled, when three may be sufficient; 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 regiment, 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 command
consists of detachments from different regiments, or of independent companies,
may assemble courts-martial for the trial of offenders in the same manner as if
they were regimental, whose sentence is not to be executed till it shall be
confirmed by the said commanding officer.
Art. 13. No commissioned officer
shall be cashiered or dismissed from the service, excepting by an order from
Congress, by the sentence of a general court-martial; but non-commissioned
officers may be discharged as private soldiers, and, by the order of the
colonel of the regiment, or by the sentence of a regimental court-martial, be
reduced to private sentinels.
Art. 14. No person whatever shall use
menacing words, signs, or gestures, in the presence of a court-martial then
sitting, or shall cause any disorder or riot, so as to disturb their
proceedings, on the penalty of being punished 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 shall, 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 discharged by a proper authority.
Art. 16. 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
assembled.
Art. 17. No officer commanding a
guard, or provost-martial, shall refuse to receive or keep any prisoner
committed to his charge, by any officer belonging to the forces of the United
States; which officer shall, at the same time, deliver an account in writing,
signed by himself, 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 suffer 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 offense only relates to the
neglect 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 disobedience or neglect, at the discretion of a
court-martial.
Art. 20. And if any officer under
arrest, shall leave his confinement before he is set at liberty by the officer
who confined him, or by a superior power, he shall be cashiered for it.
Art. 21. Whatsoever commissioned
officer shall be convicted, before a general court-martial, of behaving in a
scandalous, infamous manner, such as is unbecoming the character of an officer
and a gentleman, shall be discharged 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 newspapers, in and about the camp, and of that
particular state from which the offender came, or usually resides: After which,
it shall ho deemed scandalous in any officer to associate with him.
SECTION XV (5)
Art. 1. 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 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 inventory thereof, and forthwith transmit the same to
the office of the board of war, to the end, that his executors may, after
payment of his debts in quarters and interment, receive the overplus, if any
be, to his or their use.
Art. 2. When any non-commissioned
officer or soldier shall 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 commissioned officers, take an account of whatever
effects he dies possessed of, above his regimental clothing, arms, and accoutrements,
and transmit the same 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
authorized to take care of the effects of dead officers and soldiers, should,
before they shall have accounted to their representatives for the same, have
occasion to leave the regiment, by preferment or otherwise, they shall, before
they be permitted to quit the same, deposit in the hands of the commanding
officer or of the agent of the regiment, all the effects of such deceased
noncommissioned officers and soldiers, in order that the same may be secured
for, and paid to, their respective representatives.
SECTION XVI
Art. 1. All officers, conductors,
gunners, matrosses, 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 aforesaid rules and articles, and shall be subject 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, or in matters relating solely to their own corps, the
courts-martial may be composed of their own officers; but where a number
sufficient of such officers cannot be assembled, or in matters wherein other
corps are interested, the officers of artillery shall sit in courts-martial
with the officers of the other corps, taking their rank according to the dates
of their respective commissions, and no otherwise.
SECTION XVII
Art. 1. The officers and soldiers of
any troops, whether minutemen, militia, or others, being mustered and in continental
pay, shall, at all times, and in all places, when joined, or acting in
conjunction with the regular forces of the United States, be governed by these
rules or articles of war, and shall be subject to be tried by courts-martial in
like manner with the officers and soldiers in the regular forces, [save only
that such courts-martial shall be composed entirely of militia officers of the
same provincial corps with the offender.
That such militia and minute-men as
are now in service, and have, by particular contract with their respective
states, engaged to be governed by particular regulations while in continental
service, shall not be subject to the above articles of war.] (6)
Art. 2. For the future, all general
officers and colonels, serving by commission from the authority of any
particular state, shall, on all detachments, courts-martial, 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 commission from any
particular state, shall, on all detachments, courts-martial, or other duty,
wherein they may be employed in conjunction with the regular forces of the
United States, have rank next after all officers of the like rank serving by
commissions from Congress, though the commissions of such lieutenant-colonels,
majors, captains, and other inferior officers, should be of elder date to those
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 shall be in the said service.
Art. 2. The general, or commander in
chief for the time being, shall have full power of pardoning or mitigating any
of the punishments ordered to be inflicted, for any of the offences mentioned
in the foregoing articles; and every offender convicted as aforesaid, by any
regimental court-martial, may be pardoned, or have his punishment mitigated by
the colonel, or officer commanding the regiment.
Art. 3. No person shall be sentenced
to suffer death, except in the cases expressly mentioned in the foregoing
articles; nor shall more than one hundred lashes be inflicted on any offender,
at the discretion of a court-martial.
That every judge-advocate, or person
officiating as such, at any general court-martial, do, and he is hereby
required to transmit, with as much expedition as the opportunity of time and
distance of place can admit, the original proceedings and sentence of such
court-martial to the secretary at war, which said original proceedings and
sentence shall be carefully kept and preserved in the office of said secretary,
to the end that persons entitled thereto may be enabled, upon application to
the said office, to obtain copies thereof.(7)
That the party tried by any general
court-martial, shall be entitled to a copy of the sentence and proceedings of
such court-martial, upon demand thereof made by himself, or by any other person
or persons, on his behalf, whether such sentence be approved or not.(8)
Art. 4. The field officers of each
and every regiment are to appoint some suitable person belonging to such
regiment, to receive all such fines as may arise within the same, for any
breach of any of the foregoing articles, and shall direct the same to be carefully
and properly applied to the relief of such sick, wounded, or necessitous
soldiers as belong to such regiment; and such person shall account with such
officer for all fines received, and the application thereof.
Art. 5. All crimes not capital, and
all disorders and neglects which officers and soldiers may be guilty of, to the
prejudice of good order and military discipline, though not mentioned in the
above articles of war, are to be taken cognizance of by a general or regimental
court-martial, according to the nature and degree of the offence, and be
punished at their discretion.(9)
Ordered, That the same be immediately
published.
Ordered, That the resolutions for raising the
new army be forthwith published, and copies thereof sent to the commanding
officers in the several departments, and to the assemblies and conventions of
the respective states.
A petition from Charles Roberts,
commander of the schooner Thistle, was presented to Congress, and read:
Ordered, To lie on the table.
Resolved, That the sum of 6,700 dollars be
advanced to the delegates of New York, for the use of that state; the said
state to be accountable
Ordered, That Mr. [Robert Treat] Paine be
directed to write to Governor Trumbull respecting the practicability of
enlarging the furnace at Salisbury, for casting heavy cannon there, and request
his opinion concerning the same.
The delegates for New York having
communicated to Congress a letter of the 9th, from the committee of safety of
that state, with sundry papers enclosed: (10)
Resolved, That a committee of three be
appointed to take the same into consideration, and report thereon with all
convenient despatch:
The members chosen, Mr. [Samuel]
Chase, Mr. [Robert Treat] Paine and Mr. [Richard] Stockton.
Resolved, That a committee of three be
appointed to repair to head quarters, near New York, to enquire into the state
of the army, and the best means of supplying their wants:
The members chosen, Mr. [Roger]
Sherman, Mr. [Elbridge] Gerry and Mr. [Francis] Lewis.
Resolved, That an assistant physician to Dr.
Shippen be appointed for the flying camp and troops in New Jersey, and that his
pay be two dollars and two thirds of a dollar per day:
The ballots being taken,
Dr. William Brown was elected.
The several matters to this day
referred, being postponed,
Adjourned to 10 o'Clock on Monday.
(1) The letter of Washington is in
the Papers of the Continental Congress, No. 152, II, folio 559. It is printed
in Writings of Washington (Ford), IV, 416.
(2) Printed in the Pennsylvania
Gazette, 25 September, 1776.
(3) In the Papers of the Continental
Congress, No. 41, I, folio 1, is a paper by William Tudor, "Remarks on the
Rules and Articles for the government of the Continental Troops," giving
suggestions for a revision of the rules established June 30, 1775. See Vol. II,
111.
(4) See note under August 19, p. 670,
ante.
(5) The original Section XV read:
"All commissions granted by Congress, or by any of the Generals, having
authority from Congress, shall be entered in the books of the Board of War,
otherwise they will not be allowed of at the Musters." It was struck out.
(6) The words in brackets were added
as an amendment of the original report, being inserted in the writing of John
Hancock.
(7) these paragraphs were added to
the original report, and are in the writing of John Hancock.
(8) these paragraphs were added to
the original report, and are in the writing of John Hancock.
(9) The original report, in the
writing of Timothy Pickering, is in the Papers of the Continental Congress, No.
27, folios 5-45. At the end is added, in the writing of John Hancock, the
resolution on spies, printed under August 21, p. 693, ante.
(10) This letter is in the Papers of
the Continental Congress, No. 67, I, folio 268.