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In Congress, April 14, 1777. Resolved, That from and after the publication hereof, the second article of the 8th section …(1777 April 14)

  • MS 2014.2
  • Ink on paper

Broadside printing by Philadelphia printer John Dunlap of extracts from the minutes of the Continental Congress relating to the Rules and articles for the better government of the troops. Printed on this broadside are four replacement articles, the first concerned with bringing food into “Forts or Garrisons of the United States” and the others with redress of grievances and courts martial. Two further resolves dealing with disciplining the troops from May 27, and June 17 are printed at the end of the broadside.


Transcript

IN CONGRESS, April 14, 1777.

RESOLVED THAT from and after the publication hereof, the second article of the 8th section, the first 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 expence of the Uni- ted States of America, passed in Congress, the 20th day of September, One Thousand, Seven Hundred, and Se- venty-Six, shall be, and they are hereby repealed, and that the following articles be substituted in the place and stead thereof.

ART. I. All Officers and Soldiers shall have full liberty to bring into any of the Forts or Garrisons of the Uni- ted American States, any quantity of eatable provisions, except where any 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 con- tracted for.

ART. II. If any Officer shall think himself to be wronged by his Colonel or the Commanding Officers of the regiment, and shall, upon due application made to him be refused to be redressed, he may complain to the Continen- tal General, commanding in the State where such regiment shall be stationed, in order to obtain justice, who is hereby required to examine into the said complaint, and take proper measures for redressing the wrong complained of, and transmit as soon as possible to Congress, a true state of such complaint, with the proceeding had thereon.

ART. III. No sentence of a General Court-Martial shall be put in execution, till after a report shall be made of the whole proceedings to Congress, the Commander in Chief, or the Continental General commanding in the State where such a General Court-Martial shall be held, and their, or his orders be issued for carrying such sentence into execution.

ART. IV. The Continental General commanding in either of the American States for the time being, shall have full power of appointing General Courts Martial to be held, and of pardoning or mitigating any of the pu- nishments ordered to be inflicted for any of the offences mentioned in the aforementioned Rules and Articles for the better government of the Troops, except the punishment of offenders under sentence of death by a General Court- Martial, which he may order to be suspended, until the pleasure of Congress can be known, which suspension, with the proceedings of the Court-Martial, the said General shall immediately transmit to Congress for their determination. And every offender convicted by any Regimental Court-Martial may be pardoned or have his punishment mitigated by the Colonel or Officer commanding the Regiment.

May 27.

RESOLVED, THAT the General and Commander in Chief for the time being shall have full power of pardoning or mitiga- ting any of the punishments ordered to be inflicted, for any of the offences mentioned in the Rules and Articles of War for the Better Government of the Troops, raised and to be raised and kept in pay by, and at the expence of, the United States of America, the fourth Article resolved in Congress the 14the day of April last is notwithstanding

June 17

That a General Officer, commanding in a separate Department, be impowered to grant pardons to, or order execution of, persons condemned to suffer death by General Courts Martial, without being obliged to report the matter to Congress, or the Commander in Chief.

Extracts from the Minutes, CHARLES THOMSON, Secretary.

Printed by John Dunlap.