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may, if he thinks himself still aggrieved, appeal to a general court martial; but if, upon a second hearing, the appeal shall appear to be vexatious and ground. less, the person so appealing shall be punished at the discretion of the general court martial.

ART. XIV. That whatsoever non.commissioned officer or soldier shall be convicted at a regimental court martial, of having sold, or designedly, or through neglect, wasted the ammunition, arms, or provision, or other military stores, delivered out to him to be employed in the service of this colony, shall, if an officer, be reduced to a private sentinel, and if a private soldier, shall suffer such punishment as shall be ordered by a regimental court martial.

ART. XV. That all non-commissioned officers and soldiers who shall be found one mile from the camp, without leave in writing from their commanding officer, shall suffer such punishment as shall be inflicted on him or them by the sentence of a regimental court martial.

ART. XVI. That no officer or soldier shall lie out of his quarters or camp without leave from their commanding officers of the regiment, upon penalty of being punished according to the nature of his offence, by order of a regimental court martial.

ART. XVII. That every non-commissioned officer and soldier shall retire to his quarters or tent at the beating of the retreat, in default of which he shall be punished according to the nature of his offence, by order of the commanding officer.

ART. XVIII. That 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 the commanding officer, if not prevented by sickness or some other evident necessity; or shall go from the said plage of rendezvous or from his guard without leave from his commanding officer, before he shall be regularly dismissed or relieved, on penalty of being punished according to the nature of his offence, by the sentence of a regimental court martial.

ART. XIX. That whatsoever commissioned officer shall be found drunk on his guard party or other duty, under arms, shall be cashiered for it; any noncommissioned officer or soldier so offending, shall suffer such punishment as shall be ordered by the sentence of a regimental court martial.

ART. XX. That whatsoever sentinel shall be found sleeping upon his post, or shall leave it before he shall be regularly relieved, shall suffer such punishment as shall be ordered by the sentence of a general court martial.

ART. XXI. That any person belonging to the troops of this colony, who by discharging of fire arms, beating of drums, or by any other means whatsoever, shall occasion false alarms in camp or quarters, shall suffer such punishment as shall be ordered by the sentence of a general court martial.

ART. XXII. That any officer or soldier who shall, without urgent necessity, or without leave of his superior officer, quit his platoon or division, shail be punished according to the nature of his offence, by the sentence of a regimental court martial.

ART. XXIII. That no officer or soldier 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 army; any officer or soldier so offending, shall, upon complaint being made to the commanding officer, suffer such punishment as shall be ordered by a regimental court martial.

ART. XXIV. That whatsoever officer or soldier shall shamefully abandon any post committed to his charge, or shall speak words inducing others to do the like in time of an engagement, shal! suffer death immediately.

ART. XXV. That any person belonging to the forces raised, or that may be raised for the defence of the colony, 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 it, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court martial.

ART. XXVI. That whosoever belonging to the forces raised, or that may be raised for the defence of this colony, shall relieve the enemy with money, victuals, or ammunition; or shall knowingly harbor or protect an enemy, shall suffer such punishment as by a general court martial shall be ordered.

ART. XXVII. That whosoever belonging to the forces already raised, or that may be raised for the defence of this colony, shall be convicted of holding correspondence with, or of giving intelligence to the enemy, either directly or indirectly, shall suffer such punishment as by a general court martial shall be ordered.

ART. XXVIII. That all public stores taken in the enemy's camp, or maga. zines, whether of artillery, ammunition, clothing or provisions, shall be secured for the use of this colony.

ART. XXIX. That if any officer or soldier shall leave his post or colors 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 said court martial shall be ordered.

ART. XXX. That if any commander of any post, intrenchment or fortress, shall be compelled by the officers or soldiers under his command, to give it up to the enemy, or to abandon it, the commissioned officer, non.commissioned officers or soldiers, who shall be convicted of having so offended, shall suffer death, or such other punishment as may be inflicted upon them by the sentence of a general court martial.

ART XXXI. That all sutlers and retailers to a camp, and all persons what. soever serving with the forces already raised, or that may be raised for the defence of this colony, in the field, though not enlisted soldiers, are to be sub. jected to the same articles, rules, and regulations to which the officers and soldiers are or shall be subjected.

ART. XXXII. That no general court martial shall consist of a less number than thirteen, none of which shall be under the degree of a commissioned 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 president, and the next in rank on the court martial shall administer the oath to the president.

ART. XXXIII. That the members both of general and regimental courts martial shall, when belonging to different corps, take the same rank which they hold in the army; but when courts martial shall be composed of officers of one corps, they shall take their ranks according to their commissions, by which they are mustered in the said corps.

ART. XXXIV. That all the members of a court martial are to behave with calmness, decency, and impartiality, and in giving of their votes are to begin with the lowest.

ART. XXXV. That no field officer shall be tried by any person under tho 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 require an immediate example.

ART XXXVI. That the commissioned officers of every regiment may, by the appointment of their colonel or commanding officer, hold regimental courts martial for the enquiry 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 exe. cuted till the commanding officer (not being a member of the court martial) shall have confirmed the same.

ART. XXXVII. That no regimental court martial shall consist of less than five officers, except in cases where that number cannot be conveniently assem. bled, when three may be sufficient, who are likewise to determine upon the sentence, by a majority of voices; which sentence is to be confirmed by the com. manding officer, not being a member of the court martial.

ART. XXXVIII. That every officer commanding in any fort, castle, or barrack, or elsewhere, where the corps under his command consists of detachments from different regiments, or of independent companies, may assemble courts martial for the trial of offenders in the same manner as if they were regimental; whose sentence is not to be executed till it shall be confirmed by the said commanding officer.

ART. XXXIX. That no person whatsoever shall use menacing words, signs, or gestures, in the presence of a court martial then sitting, or shall cause any disorder or riot, so as to disturb their proceedings, on the penalty of being punished at the discretion of said court martial.

ART. XL. That to the end that offenders may be brought to justice whenever any officer or soldier shall commit a crime deserving punishment, he shall, by his commanding officer, if an officer, be put in arrest, if a non-commissioned officer or soldier, be imprisoned, till he shall be either tried by a court martial, or shall be lawfully discharged by proper authority.

ART. XLI. That no officer or soldier who shall be put in arrest or imprisonment, shall continue in his confinement more than eight days, or till such time as a court martial can be conveniently assembled.

ART. XLII. That no officer commanding a guard, or provost marshal, shall refuse to receive or keep any person committed to his charge by an officer belonging to the forces aforesaid; which officer shall at the same time deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged.

ART. XLIII. That no officer commanding a guard or provost marshal, 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 general court martial.

ART. XLIV. That every officer, or a 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 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 office 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. XLV. 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. XLVI. That whatsoever commissioned officer shall be convicted before a general court martial of behaving in a scandalous, infamous manner, such as is unbecoming the character of an officer and a gentleman, shall be discharged from the service.

ART. XLVII. That all officers, conductors, gunners, matrosses, drivers, or any other persons whatsoever, receiving pay or hire in the service of the artillery of this colony, 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 troops.

ART. XLVIII. That for differences arising among 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.

ART. XLIX. That all crimes not capital, and all disorders and neglects which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the articles of war, are to be taken cognizance of by a general or regimental court martial, according to the nature or degree of the offence, and be punished at their discretion.

ART. L. That no courts martial shall order any offender to be whipped, or receive more than thirty-nine stripes, for one offence.

ART. LI. That the field officers of each and every regiment, are to appoint some suitable person belonging to such regiment, to receive all such fines as may arise within the same, for any breach of any of the foregoing articles, and shall direct the same to be carefully and properly applied to the relief of such sick, wounded, or necessitous soldiers as belong to such regiment; such persons shall account with such officer for all fines received, and the application thereof.

ART. LII. That all members sitting in courts martial shall be sworn by the president of said courts, which president shall himself be sworn by the officer in said 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 prisoner now to be tried, according to the rules for regulating the forces raised, or to be raised, for the defence of the colony of Connecticut-so help you God.

ART. LIII. That all persons called to give evidence in any case before a court martial, who shall refuse to give evidence, shall be punished for such refusal at the discretion of such court martial. The oath to be administered in the form following, viz: You swear the evidence you shall give in the case now in hearing,

shall be the truth, the whole truth, and nothing but the truth-so help you God.

A resolution passed directing all officers who assisted in assembling or fur. nishing ammunition to such of the colony in the (then) late alarms, who marched cast or west, to deliver to the selectmen of their respective towns, their accounts, and the names of those who marched in relief of those in distress, and the time detained until their return. The selectmen were ordered to collect a particular account of expenses, for provisions, &c., and the names of those who supplied, to be laid before the committee of pay table for settlement.*

It was also resolved, that the committee of the pay table should give orders on the treasurer for the payment of all money actually expended, or for obligations given therefor, in obtaining the possession of Ticonderoga and Crown Point, by said accounts being liquidated and approved by the committee. And the committee were directed to receive the accounts of the costs and expenses for men and provision in taking and securing said fortresses, by any inhabit. ants of this colony, or any other colony, if employed by the colony of Connec ticut, and digest and put in proper form all such accounts, and lay the same before the Assembly.

It was resolved, that each non-commissioned officer and soldier, of any mili tary company in the colony, should be paid out of the colony treasury, six pence for each half day he had performed military duty, and one shilling for each day he had performed regimental duty, in obedience to a law of the colony passed the October preceding.

*At this time there was convincing proof that a design was formed by the British ministry, of making an invasion from Canada, i. e. from Quebec upon the northern colonies, to take the lives and liberties of the colonists. Some steps had actually been taken to carry their designs into execution. Some of the citizens in the vicinity of Ticonderoga, who were immediately exposed to incursions, being impelled by a just regard for their defence and self preservation, had taken possession of that post, and also of Crown Point, where was then lodged a quantity of cannon and military stores, which were exposed to be taken by the enemy, as well as the few officers and soldiers who were stationed there. And as the colony of Connecticut had of right no command of said posts exclusively, said posts being in possession of people of different colonies, it was considered impracticable for the officers and soldiers of this colony to return either to Ticonderoga, or Crown Point at that time; and it therefore became necessary that such officers and soldiers and their families, for the time being, should be provided for by the colony.

It was therefore resolved, that Col. Erastus Wolcott, Capt. Samuel Wads. worth, Capt. Ezekiel Williams, Epaphras Bull, Henry Allyn, Col. Fisher Gay, Col. Matthew Talcott, Col. James Wadsworth, Capt. Jonathan Welles, Ebenezer White, and Col. Jonathan Humphrey, should be a committee, or any three of them, at the expense of the colony, to take care of and provide for the officers and soldiers and their families, in procuring labor for the soldiers until the continental Congress, or the Assembly, should take farther order concerning them. Directing the commander-in-chief to make proper returns under his hand to said committee, of such corps as were under his command.

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