forts. the United American States, any quantity or species of into garrison or 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.* wholesome pro market price. ART. 3. All officers commanding in the forts, bar- Satlers to sup racks, or garrisons of the United States. are hereby lyrood and required to see, that the persons permitted to sule, visions at the shall supply the soldiers with good and wholesome provisions at the market price, as they shall be answerable for their neglect. ficers not to ex act exorbitant rent for houses, interested in the ART. 4. No officers commanding in any of the gar- Commanding of risons, forts, or barracks of the United States, shall either themselves exact exorbitant prices for houses or to sut stalls let out to sutlers, or shall connive at the like ex- lers nor to be actions in others; nor, by their own authority and for sale of supplies, nor to lay any 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. duty thereon for their private ad vantage. ficers to keep redress a. most of their ART. 1. Every officer commanding in quarters, gar- Commanding of risons, or on a march, shall keep good order, and, to the good order in utmost of his power, redress all such abuses or disor-quarters, &c. ders which may be committed by any officer or soldier buses to the ut under his command; if. upon complaint made to him of power. officers or soldiers beating, or otherwise ill-treating any person; of disturbing fairs 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 offender's 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. Officers and sol diers accused of capital erines, or offences against ART. 1. Whenever any officer or soldier shall be accused of a capital crime, or of having used violence, or committed any offence against the persons or property citizens, to be of the good people of any of the United American States, the civil magis. * Repealed and supplied by resolution of 14th April, 1777-See chap. 3 art. 1. delivered up to trates, upon apmade. such as is punishable by the known laws of the land, the plication duly 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. No person to be ART. 2. No officer shall protect any person from his protected from creditors, on the pretence of his being a soldier, nor any pretence of be- non-commissioned officer or soldier who does not actuing a soldier. his creditors on ances of com cers. ally 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 Redress of griev- wronged by his colonel, or the commanding officer of the missioned offi- 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 TUESDAY, DECEMBER 26, 1775.* Whereas there is reason to believe, that divers persons, either from inattention to the public good, or with design to retard the recruiting service, have arrested and imprisoned, for very trifling debts, many soldiers, who had engaged to risque their lives in defence of the liberties of America; and, as it has always been found necessary, in time of war, to regulate and restrain a practice of such pernicious tendency, and in such cases, to abate the rigour of the law: Resolved, therefore, That it be recommended to the several legislatures in these colonies, whether assemblies or conventions, to pass acts or or dinances, prohibiting the arrests of continental soldiers for small debts; and in order that the same rule may pervade all the colonies, that no soldier be arrested at the suit of any of his creditors, unless the said creditor make oath, that the said soldier is justly indebted to him in the sum of thirty-five dollars over and above all discounts; and that the estate of no such soldier be liable to attachment at the suit of, or for the benefit of all his creditors, unless their debts in the whole, on being ascertained by their oaths, shall amount to more than one hundred and fifty dollars. by himself, or the board of war, to make report to Congress thereupon, in order to receive further directions*. ances of infe ART. 2. If any inferior officer or soldier shall think Redress of griev himself wronged by his captain, or other officer com- rior officers and manding the troop or company to which he belongs, he soldiers. 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 think himself still aggrieved, appeal to a ge. neral 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. waste, and mis stores by officers. ART. 1. Whatsoever commissioned officer, store- Embezzlement keeper, or commissary, shall be convicted at a genera' application of 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. of ammunition sioned officers ART. 2. Whatsoever non-commissioned officer or sol- Waste and sale dier shall be convicted, at a regimental court-martial. by non-commis of having sold, or designedly, or through neglect, and soldiers, 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 corporeal punishment in the same manner as a private sentinel so offending, at the discretion of a regimental court-martial. horses and mili ART. 3. Every non-commissioned officer or soldier who Loss and sale of shall be convicted at a court martial of having sold, lost tary equipments, or spoiled, through neglect, his horse, arms, clothes or accoutrements, shall undergo such weekly stoppages. (not exceeding the half of his pay) as a court-martial shall judge sufficient for repairing the loss or damage; and shall suffer imprisonment, or such other corporeal punishment, as his crime shall deserve. *Repealed and supplied by resolution of 14th April, 1777-See chap. 3, art. 2. Embezzlement tion of public money. ART. 4. Every officer who shall be convicted at a and misapplica 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 enlisting men into the service, if a commissioned officer, shall be cashiered and compelled to refund the money; if a noncommissioned 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 corporeal punishment, (not extending to life or limb) as the courtmartial shall think fit. Captains charg ed with the sup companies. ART. 5. Every captain of a troop or company is plies for their 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. Absence from leave. SECTION XIII. ART. 1. All non-commissioned officers and soldiers, camp without 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. Lying out of quarters, &e, ART. 2. No officer or soldier shall lie out of his quarters, garrison, or camp, without leave from his superior without leave, officer, upon penalty of being punished according to the nature of his offence, by the sentence of a courtmartial. Retiring to treat beat, ART. 3, Every non-commissioned officer and soldier quarters at re 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 offence, by the commanding officer. Absence from parade, ART. 4. No officer, non-commissioned officer, or soldier, shall fail of repairing, at the time fixed, to the place of parade or 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 offence, by the sentence of a court-martial. ART. 5. Whatever commissioned officer shall be Drunkenness on found drunk on his guard, party, or other duty under arms, shall be cashiered for it; any non-commissioned guard or other officer or soldier so offending, shall suffer such corpo- duty. real punishment as shall be inflicted by the sentence of a court-martial. ing on post. ART. 6. Whatever sentinel shall be found sleeping upon his post, or shall leave it before he shall be regu- Sentinels sleeplarly relieved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a courtmartial. ART. 7. No soldier belonging to any regiment, troop, or company, shall hire another to do his duty for him, Hiring of duty. 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. hiring of duty. ART. 8. And every non-commissioned officer conniving at such hiring of duty as aforesaid, shall be re- Conniving at the duced 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 False alarms. 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. ranks. ART. 10. Any officer or soldier who shall, without urgent necessity, or without the leave of his superior offi- Quitting the cer, quit his platoon or division, shall be punished, according to the nature of his offence, by the sentence of a court-martial. ders. ART. 11. No officer or soldier shall do violence to any person who brings provisions or other necessaries Violence to tra 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 misbe- cowardice. have 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. my-pillaging. ART. 13. Whatsoever officer or soldier shall misbe- Misbehaviour have himself before the enemy, and run away, or before the ene shamefully abandon any fort, post or guard, which he after victory. or they shall be commanded to defend, or speak words |