ART. 15. To the end that offenders may be brought to justice, Offenders to be arit is hereby directed, that whenever any officer or soldier shall rested and confined. 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.

rest and confine

ART. 16. No officer or soldier who shall be put in arrest or Limitation of arimprisonment, shall continue in his confinement more than eight ment. days, or till such time as a court-martial can be conveniently assembled.

ART. 17. No officer commanding a guard, or provost-martial, Refusal to receive shall refuse to receive or keep any prisoner committed to his prisoners. 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.

of prisoners.

ART. 18. No officer commanding a guard, or provost-martial, Release and escape 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.

make daily reports

fined.

ART. 19. Every officer or provost-martial to whose charge Provost-martial to prisoners shall be committed, is hereby required, within twenty- of prisoners confour hours after such commitment, or as soon as he shall be relieved from his guard, to give in writing to the colonel of the regiment to whom the prisoner belongs, (where the prisoner is confined upon the guard belonging to the said regiment, and that his offence only relates to the 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 con- Breach of arrest. finement 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 con- Conduct unbecoming an officer and victed, before a general court-martial, of behaving in a scanda- gentleman. lous, 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 ca- Officers cashiered shiered for cowardice or fraud, it shall be added in the punish- fraud-sentence to ment, that the crime, name, place of abode, and punishment of be published in the delinquent, be published in the newspapers in and about the about the camp, and camp, and of that particular state from which the offender came, which the offender or usually resides: After which, it shall be deemed scandalous came.

for

any officer to associate with him.

for cowardice or

newspapers in and

of the state from

sioned officers who

service.

SECTION XV.

Effects of commis- ART. 1. When any commissioned officer shall happen to die, die or are killed in 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 courtmartial, 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.

Militia, &c. when

in continental pay,

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 non-commissioned 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 subject to these minute-men, militia, or others, being mustered and in continenrules and articles of tal pay, shall, at all times, and in all places, when joined or

war.

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.

rank of those of

without regard to

ART. 2. For the future, all general officers and colonels, Officers of the reserving by commissions from the authority of any particular United States, take state, shall, on all detachments, courts-martial, or other duty, like grades serving wherein they may be employed in conjunction with the regular by state authority, forces of the United States, take rank next after all generals and dates. 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 commission 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.

read once in two

ART. 1. The aforegoing articles are to be read and pub- These articles to be lished once in every two months, at the head of every regi- months. ment, 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.

ishments.

ART. 2. The general, or commander-in-chief for the time Mitigation of punbeing, 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.*

-limitation of cor

ART. 3. No person shall be sentenced to suffer death, except Sentence of death in the cases expressly mentioned in the foregoing articles; nor poreal punishment shall more than one hundred lashes be inflicted on any offender, ings of courts-marat 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

*Repealed and supplied by resolution of 14th April, 1777-See chapter 3.

-original proceed

tial to be filed in

war office.

Fines to be collect

ed and applied to

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 courtmartial, 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 regiment, are relief of the sick. 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.

Crimes not capital, &c., punishable at

martial.

ART. 5. All crimes not capital, and all disorders and neglects discretion of courts- 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.

All officers and soldiers at liberty to

except when con

CHAPTER 3.

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 government 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.

ART. 1. All officers and soldiers shall have full liberty to bring bring provisions in- into any of the forts or garrisons of the United States of Ameto forts or garrisous rica, any quantity of eatable provisions, except where any contracted for by Con-tracts are, or shall be, entered into by Congress, or by their orders, for furnishing such provisions, and with respect only to the species of provisions so contracted for.

gress.

refused redress may

Officers wronged by ART. 2. If any officer shall think himself to be wronged by their colonel and his colonel, or the commanding officer of the regiment, and complain to the gen- shall, upon due application made to him, be refused to be rewho shall take mea- dressed, he may complain to the continental general commandsures to redress the ing in the state where such regiment shall be stationed, in order

eral commanding

* See chapter 2.

the case to Con

to obtain justice; who is hereby required to examine into the wrong and report said complaint, and take proper measures for redressing the gress. wrong complained of, and transmit, as soon as possible, to Congress, a true state of such complaint, with the proceedings had thereon.

gene

ral courts-martial

mander-in-chief for

ART. 3. No sentence of a general court-martial shall be put Sentences of in execution, till after report shall be made of the whole pro- to be reported to ceedings to Congress, the commander-in-chief, or the conti- Congress or comnental general commanding in the state, where such a general orders before excourt-martial shall be held, and their or his orders be issued for carrying such sentence into execution.*

ecution.

rals may appoint martial and pardon

rized, except sen

which they shall

with proceedings

ART. 4. The continental general, commanding in either of Continental genethe American states, for the time being, shall have full power of general courtsappointing general courts-martial to be held, and of pardoning or mitigate all or mitigating any of the punishments ordered to be inflicted for punishments authoany of the offences mentioned in the aforementioned rules and tence of death, articles for the better government of the troops; except the pun- suspend and report ishment of offenders, under sentence of death, by a general to the Congress. 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 court-martial, may be pardoned, or have his punishment mitigated by the colonel, or officer commanding the regiment.*

CHAPTER 4.

In Congress-May 27, 1777.

commander-in

or mitigate any of

authorized to be

Resolved, That the general, or commander-in-chief, for the The general or time being, shall have full power of pardoning or mitigating any chief may pardon of the punishments ordered to be inflicted for any of the offences the punishments mentioned in the rules and articles, for the better government inflicted by the of the troops raised, or to be raised and kept in pay by, and at rules and articles the expense of, the United States of America; the fourth article resolved in Congress the 14th day of April last, notwithstanding.

of war.

CHAPTER 5.

In Congress-June 14, 1777.

States.

Resolved, That the flag of the thirteen United States, be Flag of the United thirteen stripes, alternate red and white: that the union be thirteen stars, white in a blue field, representing a new constellation.†

* Modified by resolutions of 27th May, and 18th June, 1777-see chaps. 4 and 6, also chap. 8, art. 2.

† Altered by act of 13th January, 1794--see chap. 17.