same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. ers. ART. 18. No officer commanding a guard, or provost- Release and esmartial, shall presume to release any prisoner commit. cape of prisonted 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 courtmartial. to make daily ART. 19. Every officer or provost-martial to whose Provost martial charge prisoners shall be committed, is hereby re-reports of priquired, within twenty-four hours after such commit- soners confined, ment, 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 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 Breach of arrest. 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. cer and gentle. ART. 21. Whatsoever commissioned officer shall be conduct unbeconvicted, before a general court-martial, of behaving coming an offiin a scandalous, infamous manner, such as is unbe-man. coming the character of an officer and a gentleman, shall be discharged from the service. ed for coward published in and about the ART. 22. In all cases where a commissioned officer is Officers cashiercashiered for cowardice or fraud, it shall be added in ice or fraudthe punishment, that the crime, name, place of abode, sentence to be and punishment of the delinquent, be published in the newspapers, in newspapers, in and about the camp, and of that particu camp, and of the lar state from which the offender came, or usually re- the offender" sides: After which, it shall be deemed scandalous for came any officer to associate with him. SECTION XV. state from which cers who die or vice. ART. 1. When any commissioned officer shall happen Effects of comto die, or be killed in the service of the United States, missioned offithe major of the regiment, or the officer doing the ma are killed in serjor'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 Effects of non. ficers and sol be killed in ser vice. 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 solcommissioned of dier shall happen to die, or to be killed in the service of diers who shall the United States, the then commanding officer of the happen to die or 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 non-commissioned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives, Artillery subject ticles of war. SECTION XVI. ART. 1. All officers, conductors, gunners, matrosses, to rules and 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. martial. ART. 2. For differences arising amongst themselves, Artillery courts. 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. Militia, &c. nental pay, sub SECTION XVII. ART. 1. The officers and soldiers of any troops, whewhen in conti ther 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 ject to these rules and artiples of war. 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 courtsmartial 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. regular forces of those of like state authori gard to dates. ART. 2. For the future, all general officers and CO- Officers of the lonels, serving by commission from the authority of any the U. States, particular state, shall, on all detachments, courts-mar- take rank of tial, or other duty, wherein they may be employed in grades serving, conjunction with the regular forces of the United States, ty, without retake 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. be read once in ART. 1. The aforegoing articles are to be read and These articles to published once in every two months, at the head of every two months. 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. punishments. ART. 2. The general, or commander-in-chief for the Mitigation of 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.* * Repealed and supplied by resolution of 14th April, 1777-See chap. 3, art. 4. Sentence of death-limita ART. 3. No person shall be sentenced to suffer death, tion of corporal 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 courtmartial. punishmentoriginal proceedings of courts-martial to be filed in war office. Fines to be col plied to relief of the sick. 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. 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. ART. 4. The field-officers of each and every regilected and ap- ment, 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 regiments; and such person shall account with such officer for all fines received, and the application thereof. tal. &c pun eretion of courtsmartial. ART. 5. All crimes not capital, and all disorders and Crimes not capi- neglects which officers and soldiers may be guilty of, to ishable at dis 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. CHAPTER III. In Congress-April 14, 1777. Resolved, That, from and after the publication hereof, the 2d article of the 8th section, the 1st article of the 11th section, the 8th article of the 14th section, and the 2d article of the 18th section, of the rules and articles for the better govement of the troops raised, or to be raised, and kept in pay by, and at the expense of the United States of America, passed in Congress the 20th day of September, 1776,* shall be, and they are hereby, repealed; and that the four following articles be substituted in the place and stead thereof. All officers and soldiers at liber visions into forts cept when con ART. 1. All officers and soldiers shall have full liberty to bring into any of the forts or garrisons of the ty to bring proUnited States of America, any quantity of eatable pro- or garrisons exvisions, except where any contracts are, or shall be, tracted for by entered into by Congress, or by their orders, for fur- Congress, nishing such provisions, and with respect only to the species of provisions so contracted for. Officers wronged dress may com eral commanding measures to re and report the ART. 2. If any officer shall think himself to be wronged by their colonel by his colonel, or the commanding officer of the regi- and refused rement, and shall, upon due application made to him, be plain to the genrefused to be redressed, he may complain to the conti- who shall take nental general commanding in the state where such re- dresss the wrong, giment shall be stationed, in order to obtain justice; case to Congress. who is hereby required to examine into the said complaint, and take proper measures for redressing the wrong complained of, and transmit, as soon as possible, to Congress, a true state of such complaint, with the proceedings had thereon. eral courts-mar ed to Congress or chief for orders ART. 3. No sentence of a general court-martial shall Sentences of genbe put in execution, till after report shall be made of tial to be reportthe whole proceedings to Congress, the commander-in-commander-inchief, or the continental general commanding in the before execution. state, where such a general court-martial shall be held, and their or his orders be issued for carrying such sentence into execution.† erals may ap courts-martial mitigate all pum tence of death, to the Congress ART. 4. The continental general, commanding in Continental gers either of the American states, for the time being, shall point generat have full power of appointing general courts-mar- and pardon or tial to be held, and of pardoning or mitigating any shments authorof the punishments ordered to be inflicted for any ised, except sea of the offences mentioned in the aforementioned rules which they shall suspend & report and articles for the better government of the troops; with proceedings except the punishment of offenders, under sentence' of death, by a general court-martial, which he may order to be suspended until the pleasure of Congress can be known, which suspension, with the proceedings of the court-martial, the said general shall immediately transmit to Congress for their determination. And every offender, convicted by any regimental courtmartial, may be pardoned, or have his punishment mitigated by the colonel, or officer commanding the regiment.+ *See chapter 2. Modified by resolutions of 27 May, and 18 June, 1777—see chaps. 4, 6. |