WIESIAM L. GLEMENT: Α Ν ORDINANCE FOR REGULATING THE M I L I T I A OF NEW JERSEY, PASSED AT A SITTING OF THE PROVINCIAL CONGRESS, HELD AT TRENTON IN THE MONTH OF OCTOBER 1775. TO WHICH IS ANNEXED, THE CONTINENTAL ARTICLES OF WAR, PUBLISHED BY ORDER. BURLINGTON: PRINTED AND SOLD BY ISAAC COLLINS, M,DCC LXXVI. оиди OBDIV П 1 r I 0 ORDINANCE, &c. W HEREAS the Ordinances of the late Provincial Congreſs, for regulating the militia of this colony, have been found infufficient to anſwer the good purpoſes intended ; and it ap- pearing to be efſentially neceſſary that ſome fur- ther regulations be adopted at this time of im- minent danger; 1. It is therefore reſolved and directed, THAT each and every captain in this colony, within ten days after the publication hereof, ſhall make out a liſt of all perfons reſiding in his dif- trict capable of bearing arms, between the ages of fixteen and fifty years, who, by the firſt military Ordinance of a former congreſs, were adviſed or a requeſted to enrol themſelves by ſigning a muſter- roll therein mentioned, fuch perſons only except- ed whoſe religious principles will not fuffer them to bear arms, who are hereby particularly exempt- ed therefrom; a copy of which lift each captain, reſpectively, within ten days after completing the fame, ſhall deliver to the colonel of the regiment to which he ſhall belong, and ſuch colonel ſhall make return thereof to the brigadier-general of the diviſion to which he ſhall belong; and alſo tranſmit a duplicate thereof to the Provincial Con- greſs at their next fitting. And the reſpective captains ( 4 ) captains ſhall alſo make out exact liſts of all ſuch perfons reſiding in their ſeveral diſtricts capable of bearing arms, between the ages of fixteen and fifty years, whoſe religious principles will not fuf- fer them to bear arms; which liſts the ſaid cap- tains ſhall lay before the committee of the county to which they belong. 2. And it is further reſolved, That every perſon THAT above directed to enrol himſelf by ſigning a muf- ter-roll, ſhall bear arms, attend muſters, and in all things be conformable to the rules and orders herein after mentioned; and fhall, with all conve- nient ſpeed, furniſh himſelf with a good muſket or firelock, and bayonet, ſword or tomahawk, a ſteel ramrod, worm, priming wire and bruſh fitted thereto, a cartouch-box to contain twenty- three rounds of cartridges, twelve flints and a knapſack, agreeable to the direction of the Con- tinental Congreſs, under the forfeitures of two Shillings for the want of a muſket or firelock, and of one billing for the want of the other above enumerated articles. 3. And it is further reſolved, THAT every perſon directed to be enrolled as above, ſhall, at his place of abode, be alſo provided with one pound of powder, and three pounds of bullets of proper fize to his muſket or firelock. 4. And it is further reſolved and directed, THAT each whole company of militia do aſſemble at leaſt once every month, properly accoutered as aforeſaid, at ſuch place as the captain, or com- manding officer of ſuch company, ſhall direct, and ſhall ſpend the whole day in perfecting them- ſelves in the military exerciſe; and that a general muſter or review be had of each regiment three times (5) times in every year, at ſuch times and places as the field-officers of each regiment ſhall think pro- per to appoint. 5. And it is further reſolved and directed, THAT in caſe any perſon ſhall refuſe or negle&t to ſerve as a ſergeant or corporal in any company, being thereunto requeſted by the captain or command- ing officer, or ſhall refuſe or neglect to warn the men to appear under arms when required by the captain or commanding officer, ſuch fergeant or corporal, ſhall, for every ſuch neglect or refuſal, , forfeit the ſum of twelve Shillings. 6. And it is further reſolved and directed, THAT all officers commiffioned, by this or the former Congreſs, do ſubſcribe the following declaration, to wit, WE, the ſubſcribers, the officers of one of the re- giments in the county of and colony of New-Jerſey, do hereby promiſe and engage, under all the ties of religion, honour and regard to our country, that we will, reſpectively, duly obſerve, and carry into execution, to the utmoſt of our power, all and every the orders, reſolves and recommenda- tions made, or to be made, by the Provincial Con- greſs of this colony, for defending our conſtitution, and preſerving the ſame inviolate ; and that we will alſo render due obedience to ſuch officers, who either by rank or ſuperiority, are regularly placed above Which declaration ſhall be laid before the next ſitting of the Provincial Congreſs. 7. And it is further reſolved and directed, THAT the following penalties be inflicted on thoſe who do not attend and obey orders on the days ap- pointed for general muſters or reviews, to wit, a colonel US. (6) colonel fix pounds; a lieutenant colonel five pounds, a major four pounds, a captain three pounds, lieutenants, enſigns and adjutants two pounds each, ſergeants, corporals, drummers, fifes and privates, directed to be enrolled as afore- ſaid, ten ſhillings each, for each and every de- fault. And that there ſhall be inflicted on thoſe who do not attend properly accoutered as above- ſaid, and obey orders, on the times to be appoint- ed for the meeting of the companies, at leaſt once every month, to wit, a captain thirty Shil- lings, lieutenants and enſigns twenty Shillings each, ſergeants, corporals, drummers, fifes and privates four ſhillings each, for each and every default. Provided always, that reaſonable excuſes ſhall be admitted for delinquents non-attendance, by thoſe perſons who are to iſſue the warrants of diſtreſs. 8. And it is further reſolved and directed, THAT all fines, under the degree of a captain, ſhall be levied on the goods and chattels of the offender, by warrant from the captain directed to a fer- geant of his company; and thoſe of field-officers and captains, under the degree of colonel, to be levied on the goods and chattels of the offender, by a warrant from the colonel of the regiment directed to the adjutant; and thoſe of a colo- nel, by a warrant from a brigadier-general, di- rected to a major of the regiment to which ſuch delinquent or delinquents belong. 9. And it is further reſolved and directed, THAT the ſeveral officers and perſons to whom warrants of diſtreſs ſhall be directed, ſhall, upon receipt thereof, immediately levy the ſeveral fines and forfeitures therein mentioned, under the forfei- ture of forty Shillings for every neglect in levy- ing the fame, to be recovered by a warrant una der (7) der the hand of the chairman of the committee of the county where ſuch negle& ſhall happen, di- rected to ſuch perſon or perſons as ſuch commit- tee ſhall appoint for that purpoſe : and every fer- geant ſhall levy upon each delinquent, in the war- rant to him directed, the ſum of one ſhilling over and above the penalty laid in ſuch warrant, which he is to keep and detain as a reward for his trouble; and each major or adjutant ſhall re- ceive, for each diſtreſs by them made, the fum of five ſhillings, which he is to levy as aboveſaid. And the fines and forfeitures aforeſaid levied by a ſergeant, when recovered, ſhall be paid to the captain iſſuing ſuch warrant, to be by him laid out in fupplying ſuch of his company with arms as are not able to furniſh themſelves therewith; and ſhall render to the committee of the county, in which he reſides, a true account of all ſuch fines and forfeitures by him received, and his diſburſements out of the ſame, agreeable to the above directions, when he ſhall be thereunto re- quired by ſaid committee : and in caſe any of ſuch fines and forfeitures ſhall remain in ſuch captain's hands for the ſpace of two months not laid out as aforeſaid, he ſhall then pay the fame to ſuch committee, to be by them laid out as above di- rected : and all fines recovered from any officer or officers, above the degree of lieutenant, ſhall be immediately paid into the hands of the county committee, to be by them laid out in ſuch man- ner as they ſhall judge moſt ſerviceable for the common defence of the colony. 10. And it is further reſolved and directed, THAT if this colony ſhall be alarmed or invaded by an armed force, then, and in ſuch caſe, every fu- baltern and ſoldier ſo enrolled, or directed to be enrolled ( 8 ) enrolled as aforefaid ; and alſo each minute-man raiſed, or which may then be raiſed, is hereby requeſted immediately to repair, properly armed and accoutered, to his captain's reſidence, unleſs otherwiſe ordered; and the captain, or command- ing officer of the company neareſt to the place where ſuch alarm or invaſion ſhall happen, ſhall immediately march his company to oppofe the enemy; and at the fame time fend an expreſs to the commanding officer of the regiment to which he belongs, who is to march with the whole, or part of the forces under his command, as he, be- fore receiving orders from one of the general officers, ſhall judge neceffary, in order to prevent the enemy from landing or penetrating into any párt of the country; and at the ſame time fhall ſend an expreſs to fome one of the general officers neareſt to him, informing him of the intelligence he hath received of ſuch an alarm or invafion; and, during the times of ſuch invaſion or alarm, the officers and ſoldiers abovefaid, fhall be fube ject to a court-martial, under the fame rules and orders as directed and ordered by the Continental Congreſs of the aſſociated colonies, held at Phila- delphia on the tenth day of May laſts for the bet. ter government of the continental troops. 1. Provided always, and it is further reſolved and directed, THAT no pains and penalties, impoſed by a court-martial, fhall extend to the taking life or member of any delinquent or offender who fhall be called out as aforeſaid. bomo se 12. And it is further reſolved and directed, THAT every perſon between the ages of fixteen and fifty years, capable of bearing arms as aforeſaid, who Thall come from any of the neighbouring provinces into this colony, ſhall, within two weeks after his arrival, (9) arrival, enrol himſelf in the company of the place where ſuch perſon may chance to reſide, and at- tend muſters, as before directed for the militia ; and, in caſe of neglect or refuſal, ſhall be ſubject to the fame fines and forfeitures. 13. And it is further reſolved and directed, THAT the officers and minute-men, now formed into companies or battalions, or ſuch as ſhall be ſo formed hereafter, fhall obſerve the fame rules, orders and directions, as to attending muſters, and learning the military diſcipline, and be ſubject to the ſame fines and penalties for non-attendance, as before directed for the militia, and to be recovered in like manner. 14. And it is further reſolved and directed, THAT the minute-men, when called out to the affiſtance of a neighbouring colony, ſhall be ſubject to the articles of war, eſtabliſhed by the Continental Con- greſs, and be under the direction of their own officers, unleſs a continental officer of ſuperior rank be preſent, to whom, in ſuch caſe, they are to yield due ſubordination. 15. AND WHEREAS ſeveral companies of light-horſe have been raiſed in this colony; and as it is probable that more may be raiſed hereaf- ter, It is therefore reſolved and directed, That each company of light-horſe do not exceed forty pri- vates, and that one company only be allowed to be raiſed in each county; and that each regiment be commanded by a colonel, lieutenant-colonel, and major, who are to be ſubject to the command of the brigadier-generals of this colony, the Pro- vincial Congreſs or committee of fafety; and that 7 ſuch regiments of horſe ſhall be under the ſame regulations, as to the times of muſter, and learn- B. ing (10) ing the military diſcipline, as before directed for the foot militia by this Ordinance, and ſubject to the ſame fines and penalties for non-attendance ; which fines and penalties are to be recovered in manner aforeſaid; and that the officers of each 1 regiment of horfe take equal rank with the mili- tia officers of foot, holding ſimilar commiſſions of the ſame date. 16. And it is further reſolved and directed, THAT each and every of the inhabitants of this colony, between the ages of fixteen and fifty years, whoſe religious principles will not ſuffer them to bear arms as above directed, ſhall, as an equivalent thereto, and alſo in lieu of all future voluntary contributions for publick and benevolent uſes, as recommended by congreſs, pay into the hands of the chairman of the committee of the county where they refide, the ſum of four ſhillings per month for fuch their exemption, and in caſe they, or either of them, ſhall neglect or refuſe to pay the fame, that then, upon ſuch neglect or refuſal, ſuch committee, once every three months, ſhall, and are hereby required and enjoined to iſſue a war- rant of diſtreſs, under the hand of their chairman or deputy chairman, directed to ſuch perſon or perſons as they ſhall appoint for that purpoſe, re- quiring diſtreſs to be made on the goods and chattels of every ſuch delinquent; and that the fame be fold at publick vendue, giving five days notice thereof by advertiſement; and, out of the money ariſing by fuch fale, to pay to the chairman of ſuch committee the money then due from eve- ry ſuch delinquent, returning the overplus, if any, to the owner thereof, after detaining one ſhilling and fix-pence for every ſuch diſtreſs and fale; and in caſe any perſon or perſons aforeſaid, under age, ſhall P ( II ) ſhall make default in paying their equivalent as aforeſaid, the ſame, by order of ſuch committee, ſhall be demanded of the parent, maſter or perſon whofe care ſuch delinquents are under ; and, up- on their refuſal or neglect to pay, the ſame ſhall be recovered by diſtreſs and ſale as aforeſaid of ſuch delinquent's parent, maſter or other perfon whoſe care he or they are under; and the county committees reſpectively are alſo hereby enjoined and required, once every ſix months, to pay unto either of the treaſurers of this colony, for the time being, appointed by this Congreſs, all ſuch fum and fums of money as they may receive as abovefaid, to be applied as a provincial fund to fuch uſes and purpoſes as this or a future Congreſs ſhall judge tlre exigencies of the times may re- quire. 17. Provided always, and it is further reſolved and directed, That every perſon above directed and required to pay an equivalent for the above exemptions, ſhall be excuſed from paying ſuch equivalent every time he ſhall make it appear to the committee of the county where he reſides, that he was fick or unable to attend muſters at the time when the company, in the diſtrict he lives in, fhall attend their monthly exerciſes; or ſhall make it appear he was at that time out of the province, or neceſſarily engaged in the publick buſineſs of the colony. 18. And it is further reſolved, That in caſe any perſon or perſons ſhall think him or themſelves aggrieved by a diſtreſs made for their fines and forfeitures as aforeſaid, ſuch perſon or perſons may, within two months thereafter, appeal to the committee of the townſhip or committee of the county in which he or they ſhall reſide, which committee ( 12 ) committee ſhall take the fame into conſideration ; and, in caſe they find any ſuch appellant aggrieved, ſhall order ſuitable redreſs, by directing the mo- ney recovered of him or them, or ſuch part thereof as they think proper, to be returned by the captain or other officer who iſſued the war- rant of diſtreſs, who is hereby required to return the ſame accordingly; or in caſe the goods dif- trained are not fold, the committee then may give ſuch order therein as to them may ſeem juſt and right, conforming themſelves in ſuch de- ciſions, as near as may be, to the true intent and meaning of this Ordinance. RULES and ARTICLES for the better government of the TROOPS raiſed, or to be raiſed, and kept in pay by and at the joint expence of the TWELVE UNITED ENGLISH COLONIES of NORTH-AMERICA. IN GENERAL CONGRESS of the UNITED COLONIES, held at PHILADELPHIA, on the ioth day of May, 1775. HEREAS His a dangerous and critical ſituation, by the attempts of the Britiſh miniſtry, to carry into execution, by force of arms, ſeveral unconſtitutional and oppref- five acts of the Britiſh parliament for laying taxes in America, to enforce the collection of thoſe taxes, and for altering and changing the conſtitution and internal police of ſome of theſe colonies, in viola- tion of the natural and civil rights of the colonies. And whereas hoſtilities have been actually com- menced W lubjekts in there colonies are reduced to a ( 13 ) menced in the Maſſachuſett's-Bay, by the Britiſh troops, under the command of General Gage, and the lives of a number of the inhabitants of that colony deſtroyed; the town of Boſton not only having been long occupied as a garriſoned town in an enemy's country, but the inhabitants thereof treated with a ſeverity and cruelty not to be juſti- fied even towards declared enemies. > a And whereas large reinforcements have been ordered, and are foon expected, for the declared purpoſe of compelling theſe colonies to ſubmit to the operation of the ſaid acts, which hath ren- dered it neceſſary, and an indiſpenſible duty, for the expreſs purpoſe of ſecuring and defending theſe colonies, and preſerving them in ſafety againſt all attempts to carry the ſaid acts into execution, that an armed force be raiſed fufficient to defeat ſuch hoſtile deſigns, and preſerve and defend the lives, liberties and immunities of the coloniſts; $ for the due regulating and well ordering of which, Reſolved, That the following RULES and ORDERS be attended to and obſerved by fuch forces as are or may hereafter be raiſed for the purpoſes aforeſaid. Article 1. That every officer who ſhall be re- tained, and every ſoldier who ſhall ſerve in the continental army, ſhall, at the time of his accept- ance of his commiffion or inliftment, fubſcribe theſe rules and regulations; and that the officers and foldiers, already of that army, ſhall alſo, as ſoon as may be, ſubſcribe the ſame; from the time of which ſubſcription every officer and ſoldier ſhall be bound by thoſe regulations ; but if any of the officers or ſoldiers, now of the ſaid army, do not ſubſcribe theſe rules and regulations, then they may ( 14 ) may be retained in the ſaid army, ſubject to the rules and regulations under which they entered into the ſervice, or be diſcharged from the ſervice, at the option of the commander in chief. Art. 2. It is earneſtly recommended to all of ficers and ſoldiers, diligently to attend divine fer- vice; and all officers and ſoldiers, who ſhall be- have indecently or irreverently at any place of di- vine worſhip, ſhall, if commiſſioned officers, be brought before a court-martial, there to be pub- lickly and ſeverely reprimanded by the preſident ; if non-commiſſioned officers or ſoldiers, every per- fon fo offending ſhall, for his firſt offence, forfeit one fixth of a dollar, to be deducted out of his next pay; for the ſecond offence, he ſhall not only for- feit a like fum, but be confined for twenty-four hours; and for every like offence, ſhall ſuffer and pay in like manner; which money ſo forfeited, ſhall be applied to the uſe of the fick ſoldiers of the troop or company to which the offender belongs. Art. 3. WHATSOEVER non-commiffioned officer or foldier ſhall uſe any profane oath or execration, fhall incur the penalties expreſſed in the foregoing article ; and if a commiſſioned officer be thus guilty of profane curſing 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 foldier, who ſhall behave himſelf with contempt or difreſpect towards the general or generals, or commanders in chief of the continental forces, or ſhall ſpeak falſe words, tending to his or their hurt or diſhonour, ſhall be puniſhed according to the nature of his of- fence, by the judgment of a general court-martial. Art. 5. ( 15 ) Art. 5. ANY officer or ſoldier who ſhall begin, excite, cauſe or join in any mutiny or fedition, 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 fea, or in any part, poft, detachment or guard, on any pretence whatſoever, ſhall ſuffer ſuch puniſh- ment as by a general court-martial ſhall be or- dered. Art. 6. Any officer, non-commiffioned officer, or ſoldier who, being preſent at any mutiny or fediti- on, does not uſe his utmoſt endeavours to ſuppreſs the fame; or coming to the knowledge of any mutiny or intended mutiny, does not, without de- lay, give information thereof to the commanding officer, ſhall be puniſhed by order of a general court-martial, according to the nature of his offence. Art. 7. Any officer or ſoldier, who ſhall ſtrike his fuperior 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 fuperior officer, ſhall fuf- fer ſuch puniſhment as ſhall, according to the na- fure of his offence, be ordered by the ſentence of a general court-martial. DES Art. 8. Any non-commiffioned officer or fol- dier, who fhall deſert, or without leave of his commanding officer, abſent himſelf from the troop or company to which he belongs, or from any detachment of the ſame, ſhall, upon being convicted thereof, be puniſhed according to the nature of his offence, at the diſcretion of a gene- ral court-inartial. Art. 9. ( 16 ) Art. 9. WHATSOEVER officer or ſoldier ſhall be convicted of having adviſed or perſuaded any other officer or foldier to defert, fhall ſuffer ſuch puniſh- ment as ſhall be ordered by the ſentence of a ge- neral court-martial. Art. 10. ALL officers, of what condition foever, ſhall have power to part and quell all quarrels, frays and diſorders, though the perſons concerned ſhould belong to another regiment, troop or com- pany; and either order officers to be arreſted, or non-commiffioned officers or foldiers to be confin- ed and impriſoned, till their proper ſuperior officers ſhall be acquainted therewith ; and whoſoever ſhall refuſe to obey ſuch officer (though of an in- ferior rank) or ſhall draw his ſword upon him, ſhall be puniſhed at the diſcretion of a general court-martial. Art. 11. No officer or foldier ſhall uſe any re- proachful or provoking ſpeeches or geſtures to another; nor ſhall preſume to ſend a challenge to any perſon to fight a duel: And whoever fhall, knowingly and willingly, ſuffer any perſon whatſo- ever to go forth to fight a duel; or ſhall ſecond, promote or carry any challenge, fhall be deemed as a principal: And whatſoever officer or foldier ſhall upbraid another for refuſing a challenge, ſhall alſo be conſidered as a challenger: And all ſuch offenders, in any of theſe or ſuch like caſes, ſhall be puniſhed at the diſcretion of a general court-martial. Art. 12. Every Officer commanding in quara ters, or on a march, fhall keep good order, and, to the utmoſt of his power, redreſs all fuch abuſes or diſorders which may be committed by any of ficer or foldier under his command: If upon any complaint ( 17 ) complaint being made to him, of officers or fol. diers beating or otherwiſe ill-treating any perſon, or of committing any kind of riot, to the diſquiet- ing of the inhabitants of this continent, he, the faid commander, who ſhall refuſe or omit to fee juſtice done on the offender or offenders, and re- paration made to the party or parties injured, as far as the offender's 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 himſelf had committed the crimes or diforders complained of. Art. 13. If any officer ſhould think himſelf to be wronged by his colonel or the commanding officer of the regiment, and ſhall, upon due ap- plication made to him, be refuſed to be redreffed, 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 ſaid complaint, and ſee that juſtice be done. Art. 14. If any inferior officer or foldier 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 here- by required to fummon a regimental court-martial, for the doing juſtice to the complainant; from which regimental court-martial, either party may, if he ſtill thinks himſelf aggrieved, appeal to a general court-martial; but if, upon a ſecond hear- ing, the appeal ſhall appear to be vexatious and groundleſs, the perſon ſo appealing ſhall be puniſh- ed at the diſcretion of the general court-martial. Art. 15. WHATSOEVER non-commiffioned of ficer or ſoldier ſhall be convicted, at a regimental с court- ( 18 ) court-martial, of having fold, or deſignedly, or through neglect, waſted the ammunition, arms or proviſions, or other military ſtores, delivered out to him, to be employed in the ſervice of this continent, ſhall, if an officer, be reduced to a pri- vate centinel; and if a private foldier, ſhall ſuffer ſuch puniſhment as ſhall be ordered by a regi- mental court-martial. Art. 16. ALL non-commiffioned officers and foldiers, who ſhall be found one mile from the camp, without leave in writing from their com- manding officer, ſhall ſuffer fuch puniſhment as ſhall be inflicted on him or them by the ſentence of a regimental court-martial. Art. 17. No officer or foldier 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-commiffioned 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 offence, by order of the commanding officer. Art. 19. No officer, non-commiſſioned officer or foldier, ſhall fail 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 fickneſs or ſome other evident neceſſity; or ſhall go from the ſaid place of ren- dezvous, or from his guard, without leave from his commanding officer, before he ſhall be regu- larly diſmiſſed or relieved, on penalty of being punifhed according to the nature of his offence, by (19) by the ſentence of a regimental court-martial. Art. 20. WHATSOEVER commiſſioned officer ſhall be found drunk on his guard, party or duty, under arms, fhall be caſhiered for it; any non- commiſſioned officer or foldier, fo offending, ſhall fuffer fuch puniſhment as ſhall be ordered by the fentence of a regimental court-martial. Art. 2.1. WHATSOEVER centinel ſhall be found ſleeping upon his poſt, or ſhall leave it before he ſhall be regularly relieved, ſhall ſuffer ſuch pu- niſhment as ſhall be ordered by the ſentence of a general court-martial.. Art. 22. Any perſon belonging to the conti- nental army, who, by diſcharging of fire-arms, beating of drums, or by any other means whatſo- ever, thall occaſion falſe alarms, in camp or quar- ters, ſhall ſuffer fuch puniſhment as ſhall be or- dered by the ſentence of a general court-martial. Art. 23. Any officer or foldier who ſhall, with out urgent neceſſity, or without leave of his ſupe. rior officer, quit his platoon or diviſion, ſhall be puniſhed according to the nature of his offence, by the ſentence of a regimental court-martial. Art. 24. No officer or foldier ſhall do violence, . or offer any inſult, or abuſe, to any perſon who ſhall bring proviſions, or other neceſſaries, to the camp, or quarters of the continental army; any officer or foldier fo offending, fhall, upon com- plaint being made to the commanding officer, ſuffer ſuch puniſhment as ſhall be ordered by a regimental court-martial. Art. 25. WHATSOEVER officer or foldier ſhall fhamefully abandon any poſt committed to his charge, ( 20 ) charge, or ſhall ſpeak words inducing others to do the like, in time of an engagement, ſhall fuf- fer 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 ſuffer death, or ſuch other puniſhment as ſhall be ordered by the ſentence of a general court-martial. Art. 27. Whosoever, belonging to the con- tinental army, ſhall relieve the enemy with mo- ney, victuals, or ammunition; or ſhall knowing- ly harbour or protect an enemy, ſhall fuffer fuch puniſhment as by a general court-martial ſhall be ordered. Art. 28. WHOSOEVER, belonging to the con- tinental army, ſhall be convicted of holding cor- reſpondence with, or of giving intelligence to the enemy, either directly or indirectly, ſhall fuf- fer ſuch puniſhment as by a general court-martial ſhall be ordered. Art. 29. All publick ſtores taken in the ene- . my's camp or magazines, whether of artillery, ammunition, cloathing or proviſions, ſhall be ſe- cured for the uſe of the united colonies, Art. 30. If any officer or foldier ſhall leave his . IF 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-martial, ſuffer ſuch puniſhment as by faid court-martial ſhall be ordered. Art. 3 I. ( 21 ) Art. 31. If any commander of any poſt, in- trenchment, or fortreſs, ſhall be compelled, by the officers or foldiers under his command, to give it up to the enemy, or to abandon it, the commif- fioned officer, non-commiſſioned officers or fol- diers who ſhall be convicted of having ſo offend- ed, ſhall ſuffer death, or ſuch other puniſhment as may be inflicted upon them by the ſentence of a general court-martial. Art. 32. ALL futtlers and retailers to a camp, . and all perſons whatſoever, ferving with the con- tinental army in the field, though not enliſted foldiers, are to be ſubject to the articles, rules and regulations of the continental army. Art. 33. No general court-martial ſhall conſiſt of a leſs number than thirteen, none of which ſhall be under the degree of a commiſſioned offi- cer; and the preſident ſhall be a field-officer: and the preſident of each and every court-martial, whether general or regimental, ſhall 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 ſworn by the pre- fident; and the next in rank on the court-mar- ţial, ihall adminiſter the oath to the preſident. Art. 34. The members, both of general and . regimental courts-martial, fhall, 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 their commiſſions by which they are muſtered in the ſaid corps. Art. 35. All the members of a court-martial, are to behave with calmneſs, decency and impar- tiality; 90 ( 22 ) tiality; and in giving of their votes are to begin with the youngeſt or loweſt in commiſſion. Art. 36. 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 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 co- lonel or commanding officer, hold regimental courts-martial for the inquiring 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 ex- ecuted till the commanding officer, (not being a member of the court-martial) ſhall have confirm- ed the ſame. Art. 38. No regimental court-martial ſhall con- fift of leſs than five officers, excepting in caſes where that number cannot be conveniently af- ſembled, when three may be ſufficient ; who are likewiſe to determine upon the ſentence by the majority of voices; which fentence is to be confirmed by the commanding officer, not being a member of the court-martial. Art. 39. EVERY officer, commanding in any fort, caſtle or barrack, or elfewhere, where the corps under his command conſiſts of detachments from different regiments, or of independant com- panies, may afſemble courts-martial for the trial of offenders in the ſame manner as if they were re- gimental, whoſe ſentence is not to be executed till ( 23 ) till it ſhall be confirmed by the faid commanding officer. Art. 40. No perſon whatſoever ſhall ufe mena- cing words, ſigns or geſtures in the preſence of a court-martial then fitting, or ſhall cauſe any dif- order or riot, fo as to diſturb their proceeding, on the penalty of being puniſhed at the diſcretion of the faid court-martial. Art. 41. To the end that offenders may be brought to juſtice; whenever any officer or foldi- er 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 proper authority. Art. 42. No officer or foldier who ſhall be put n arreft, or impriſonment, ſhall continue in his confinement more than eight days, or till fuch time as a court-martial can be conveniently af- ſembled. Art. 43. No officer commanding a guard, or provoſt-marſhal, ſhall refuſe to receive or keep any priſoner committed to his charge, by an offi- cer belonging to the Continental forces ; which officer ſhall at the ſame time deliver an account in writing, figned by himſelf, of the crime with which the faid priſoner is charged. Art. 44. No officer commanding a guard, or provoft-marſhal, ſhall preſume to releaſe any pri- ſoner committed to his charge, without proper authority for fo doing; nor ſhall he ſuffer any pri- foner to eſcape, on the penalty of being puniſhed for it, by the ſentence of a general court-martial. Art. 45. ( 24 ) Art. 45. Every officer or provoſt-marſhal, to whoſe charge priſoners ſhall be committed, is hereby required, within twenty-four hours after ſuch commitment, or as ſoon as he ſhall be reliey. ed from his guard, to give in writing to the colo- nel of the regiment to whom the priſoner belongs (where the priſoner is confined upon the guard be- longing 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 being puniſhed for his diſobedience or neglect, at the diſcretion of a general court-martial. Art. 46. 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. 47. WHATSOEVER commiſſioned officer ſhall be convicted before a general court-martial, of behaving in a fcandalous, infamous manner, ſuch as is unbecoming the character of an officer and a gentleman, ſhall be diſcharged from the fervice. Art. 48. All officers, conductors, gunners, matroffes, drivers, or any other perſons whatſoe- ver, receiving pay or hire in the ſervice of the continental artillery, 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 continental troops. Art. 49. For differences ariſing amongſt them- ſelves, or in matters relating folely to their own corps, the courts-martial may be compoſed of their 1 ( 25 ) their own officers; but where a number fufficient of ſuch officers cannot be aſſembled, or in matters wherein other corps are intereſted, the officers of artillery ſhall fit in courts-martial with the officers of the other corps. Art. 50. All crimes not capital, and all difor- ders and neglects, which officers and foldiers may be guilty of, to the prejudice of good order and military diſcipline, though not mentioned in the 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. Art. 51. That no perſons ſhall be ſentenced by a court-martial to ſuffer death, except in the caſes expreſsly mentioned in the foregoing articles; nor ſhall any puniſhment be inflicted at the diſcretion of a court-martial, other than degrading, caſhier- ing, drumming out of the army, whipping not ex- ceeding thirty-nine laſhes, fine not exceeding two month's pay of the offender, impriſonment not ex- ceeding one month. Art. 52. The field-officers of each and every regiment are to appoint ſome ſuitable perſon be- longing to ſuch regiment, to receive all ſuch fines as may ariſe within the fame, 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 fick, wounded, or neceffitous foldiers, as belong to ſuch regiment; and ſuch perſon ſhall account with ſuch officer for all fines received, and the application thereof. Art. 53. All members fitting in courts-martial ſhall be ſworn by the preſident of ſaid courts, D which ( 26 ) which preſident ſhall himſelf be fworn by the offi- cer in faid court next in rank :The oath to be adminiſtered previous to their proceeding to the trial of any offender, in form following, viz. You A. B. ſwear that you will well and truly try, and impartially determine, the cauſe of the pri- foner now to be tried, according to the rules for re. gulating the continental army. So help you God. . Art. 54. All perſons called to give evidence, in any caſe, before a court-martial, who ſhall re- fuſe to give evidence, ſhall be puniſhed for ſuch refuſal, at the diſcretion of ſuch court-martial : The oath to be adminiſtered in the form follow- ing, viz. You ſwear the evidence you shall give in the cafe now in hearing, Mall be the truth, the whole truth, and nothing but the truth. So help you God. Art. 55. Every officer commanding a regi- ment, troop or company, ſhall, upon notice given to him by the commiſſary of the muſters, or from one of his deputies, aſſemble the regiment, troop, or company under his command, in the next con- venient place for their being muſtered. Art. 56. Every colonel or other field-officer, or officer commanding any corps, to which there is no field-officer, and actually reſiding with it, may give furloughs to non-commiſſioned officers and foldiers, 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 compa- ny 27 ) ny (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 ex- traordinary occafion ſhall require it, of which occaſion the field-officer preſent with, and com- manding the regiment or independent corps, is to be judge. Art. 57. AT every muſter the commanding officer of each regiment, troop or company, then preſent, ſhall give to the commiſſary of muſters certificates ſigned by himſelf, fignifying how long fuch officers, non-commiflioned officers, and fol- diers, who ſhall not appear at the faid muſter, have been abſent, and the reaſon of their abſence ; which reaſons, and the time of abſence, ſhall be inſerted in the muſter-rolls oppoſite to the reſpec- tive names of ſuch abfentees : the faid certificates ſhall, together with the muſter-rolls, be by the faid commiſſary tranſmitted to the General, and to this or any future Congreſs of the united colo- nies, or committee appointed thereby, within twenty days next after ſuch muſter being taken; on failure whereof the commiſſary fo offending, Thall be diſcharged from the ſervice. Art. 58. EVERY officer who ſhall be convicted before a general court-martial of having figned a falſe certificate, relating to the abſence of either officers, non-commiſſioned officer, or private fol- dier, ſhall be caſhiered. Art. 59. EVERY officer who ſhall knowingly make a falſe muſter of man or horſe, and every officers or commiffary, who ſhall willingly fign, direct or allow the ſigning of the muſter-rolls, wherein ſuch falfe muſter is contained, ſhall, upon а ( 28 ) upon proof made thereof, by two witneſſes, be- fore a general court-martial, be caſhiered, and moreover forfeit all ſuch pay as may be due to him at the time of conviction for ſuch offence. a Art. 60. Any commiffary who ſhall be con- victed of having taken any gift or gratuity on the muſtering any regiment, troop or company, or on the figning the muſter-rolls, ſhall be diſplac- ed from his office, and forfeit his pay, as in the preceding article. Art. 61. 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. Art. 62. Every officer who ſhall knowingly make a falſe return to the commander in chief of the American forces, or to any his ſuperior officer, authorized to call for ſuch returns, of the ſtate of the regiment, troop, independent com- pany or garriſon, under his command, or of arms, ammunition, cloathing or other ſtores thereunto belonging, fhall, by a court-martial, be caſhiered. Art. 63. The commanding officer of every re- giment, troop, independent company or garriſon, in the ſervice aforeſaid, ſhall, in the beginning of every month remit to the commander in chief of ſaid forces an exact return of the ſtate of the regi- ment, 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 fhall be convicted of having, through neglect or deſign, ( 29 ) deſign, omitted the ſending ſuch returns, ſhall be puniſhed according to the nature of his crime, by the judgment of a general court-martial. Art. 64. 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 foldiers, after nine at night, or before the beating of the reveilles, or upon Sundays, during divine ſervice or ſermon, on the penalty of being dif- miſſed from all future ſuttling. Art. 65. All officers commanding in the camp, or in any forts, barracks, or garriſons, are hereby required to ſee that the perfons permitted to futtle, fhall fupply the ſoldiers with good and wholeſome proviſions at a reaſonable price, as they ſhall be anſwerable for their neglect. Art. 66. No officers commanding in any camp, garriſons, forts, or barracks, ſhall either them- ſelves exact exorbitant prices for houſes or ſtalls, let out to futtlers, or fhall connive at the like ex- actions in others, nor lay any duty or impoſitions upon, or be intereſted in the ſale of ſuch victuals, liquors, or other necefſaries of life, which are brought into the camp, garriſon, fort or barracks, for the uſe of the ſoldiers, on the penalty of being diſcharged from the ſervice. Art. 67. That the General, or Commander in Chief, for the time being, ſhall have full pow- er of pardoning, or mitigating any of the pu- niſhments ordered to be inflicted, for any of the offences mentioned in the foregoing articles; and every offender convicted as aforeſaid, by any re- gimental court-martial, may be pardoned, or have 40 his ( 30 ) his puniſhment mitigated by the colonel or officer commanding the regiment. Art. 68. When any commiffioned officer ſhall happen to die or be killed in the ſervice of the united colonies, the major of the regiment, or the officer doing the major's duty in his abfenceg fhall immediately ſecure all his effects or equi- page then in camp or quarters ; and ſhall, before the next regimental court-martial, make an in- ventory thereof, and forth with tranſmit to the office of the ſecretary of the Congreſs, or al- ſembly of the province in which the corps is ftati- oned, or ſhall happen to be at the time of the death of ſuch officer ; to the end, that his executors may, after payment of his debts in quarters, and inter- , ment, receive the overplus, if any be, to his or their uſe. Art. 69. WHEN any non-commiſſioned officer, or private foldier, ſhall happen to die, or be kil- led in the ſervice of the united colonies, 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 poſ- feſſed of, and tranſmit the fame, as in the cafe above provided for, in order that the fame may be ſecured for, and paid to their reſpective reprefen- tatives. In CONGRESS, November 7, 1775. Reſolved, That the following additions and alterations or amendments, be made in the RULES and REGULATIONS of the, con- tinental army, viz. I. ALL ( 31 ) 1. All perſons convicted of holding a treacher- ous correſpondence with, or giving intelligence to the enemy, ſhall ſuffer death, or ſuch other pu- niſhment as a general court-martial ſhall think proper. 2. All commiſſioned officers found guilty by a general court-martial of any fraud or embezzle- ment, ſhall forfeit all his pay, be ipfo facto caſhier- ed, and deemed unfit for further ſervice as an officer. 3. ALL non-commiſſioned officers and ſoldiers convicted before a regimental court-martial of ſtealing, embezzling or deſtroying ammunition, proviſions, tools, or any thing belonging to the publick ſtores, if a non-commiſſioned officer, to be reduced to the ranks, and puniſhed with whip- ping, not leſs than fifteen, nor more than thirty- nine laſhes, at the diſcretion of the court-martial; if a private ſoldier, with the ſame corporal pu- niſhment. 4. In all caſes where a commiſſioned officer is caſhiered for cowardice or fraud, it be added in the puniſhment, that the crime, name, place of abode, and puniſhment of the delinquent be pub- liſhed in the news-papers, in and about the camp, and of that colony from which the offender came or uſually refides ; after which it ſhall be deemed ſcandalous in any officer to aſſociate with him. 5. Any officer or ſoldier who ſhall begin, exa cite, cauſe, or join in any mutiny or ſedition in the regiment, troop or company to which he belongs, or in any other regiment troop or company of the continental ( 32 ) continental forces, either by land or fea, or in any party, poſt, detachment or guard, on any pretence whatſoever, ſhall ſuffer death or ſuch other puniſh- ment as a general court-martial ſhall direct. 6. Any officer or foldier who ſhall deſert to the enemy, and afterwards be taken, fhall fuffer death or ſuch other puniſhment as a general court- martial ſhall direct. 7. WHATSOEVER commiſſioned officer ſhall be found drunk on his guard, party or other duty, un- der arms, ſhall be caſhiered and drummed out of the army with infamy; any non-commiſſioned officer or foldier, ſo offending, ſhall be ſentenced to be whipt, not leſs than twenty nor more than thirty-nine laſhes, according to the nature of the offence. 8. WHATSOEVER officer or foldier, placed as centinel, ſhall be found ſleeping upon his poft, or fhall leave it before he ſhall be regularly relieved, if a commiſſioned officer, ſhall be caſhiered and drummed out of the army with infamy; if a non- commiſſioned officer or foldier, ſhall be ſentenced to be whipped, not leſs than twenty nor more than thirty-nine laſhes, according to the nature of the offence. 9. No officer or foldier ſhall lie out of his quar- ters or camp, without leave from the commanding officer of the regiment, upon penalty, if an officer, of being mulated one month's pay for the firſt offence, and caſhiered for the ſecond ; if a non- commiſſioned officer or foldier, of being confined ſeven days on bread and water for the firſt offence, and the ſame puniſhment and a forfeiture of a week's pay for the ſecond. 10. WHAT- ( 33 ) 10. WHATSOEVER officer or foldier ſhall mil- behave himſelf before the enemy, or ſhamefully abandon any poſt committed to his charge, or fhall ſpeak words, inducing others to do the like, ſhall fuffer death. II. ALL publick ſtores taken in the enemy's camp or magazines, whether of artillery, ammu- nition, cloathing or proviſions, fhall be ſecured for the uſe of the united colonies, And all commif- fioned officers found guilty, by a general court- martial, of embezzling the ſame, or any of them, ſhall forfeit all his pay, be ipſo facto caſhiered, and be deemed unfit for farther fervice as an officer. And all non-commiſſioned officers and foldiers, convicted before a regimental court-martial of ſtealing or embezzling the ſame, if a non-commif- fioned officer, ſhall be reduced to the ranks and puniſhed with whipping, not leſs than fifteen nor more than thirty-nine laſhes, at the diſcretion of the court-martial, if a private foldier, with the fame puniſhment 12. If any officer or foldier ſhall leave his poſt or colours, in time of an engagement, to go in ſearch of plunder, he ſhall, if a commiſſioned officer, be caſhiered and drummed out of the ar- my with infamy, and forfeit all ſhare of plunder; if a non-commiſſioned officer or foldier, be whip- ped, not leſs than twenty nor more than thirty- nine laſhes, according to the nature of the of- fence, and forfeit all ſhare of plunder taken from the enemy. 13. Every officer commanding a regiment, troop or company, ſhall, upon notice given to him, by the commiſſary of the muſters, or from one of E his ( 34 ) his deputies, aſſemble the regiment, troop or com- pany under his command, in the next convenient place for their being muſtered, on penalty of his being caſhiered, and muleted of his pay. 14. At every muſter, the commanding officer Ат of each regiment, troop or company, there preſent, ſhall give to the commiffary of muſters certificates, ſigned by himſelf, fignifying how long fuch offi- cers, non-commiffioned officers and foldiers, who ſhall not appear at the ſaid muſter, have been ab. fent, and the reaſon of their abſence; which rea- fons, and the time of abſence, ſhall be inſerted in the muſter rolls, oppoſite to the names of fuch abſentees; and the furgeons or their mates ſhall, at the ſame time, give to the commiſſary of muſters a certificate figned by them, fignifying the ſtate of health or ſickneſs of thoſe under their care, and the faid certificates ſhall, together with the muſter rolls, be, by the faid commiſſary, tranſmitted to the general, and to this or any future Congreſs of the united colonies or committee appointed there- by, within twenty days next after ſuch muſter be- ing taken, on failure whereof the commiſſary, ſo offending, ſhall be diſcharged from the ſervice. 15. EVERY officer who ſhall be convicted, be . fore a general court-martial, of having ſigned a falſe certificate relating to the abſence of either officer, non-commiſſioned officer or private ſoldier; and every ſurgeon or mate convicted of figning a falſe certificate, relating to the health or ſickneſs of thoſe under his care, ſhall be cafhiered. 16. ALL officers and ſoldiers who ſhall wilfully or through negligence, diſobey any general or fpe- cial orders, ſhall be puniſhed at the diſcretion of a regimental court-martial, where the offence is againſt ( 35 ) againſt a regimental order, and at the diſcretion of a general court-martial, where the offence is againſt an order given from the commander in chief, or the commanding officer of any detach- ment or poſt, and fuch general court-martial can be had. By Order of the CONGRESS, JOHN HANCOCK, Preſident. A true copy from the Minutes, CHARLES THOMSON, Secretary. C 1776 New Teasey Ne ten ΑΠΟ UTuance for 369. NEW JERSEY. Provincial Congress. Regulating the Militia of New Jersey, Passed at a Sitting of the Provincial Congress, held at Trenton in the Month of October, 1775: to which is annexed, The Continental Articles of War. 35 pp. 8vo. Half morocco slip-case. Burlington, Printed and Sold by Isaac Collins, 1776. $90.00 EXCESSIVELY RARE FIRST SEPARATE PUBLICATION OF ONE OF THE MOST IMPORT- 276ANT STATE ORDINANCES PASSED DURING THE FIRST YEAR OF THE WAR. Under it the Militia of New Jersey was enrolled for the defense of the State, the Battles Ve of Trenton, Princeton, and Brandywine were undertaken, a call went out for the enrollment of all male persons between the ages of sixteen and fifty, and pro- visions created for a monthly payment by all those persons (Quakers) whose religious principles prevented them from enrolling. Asbol st 12