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Resolved, That the said account be delivered to the marine committee, am that they be directed to take effectual measures to have the said ouurtandii»j debts collected and accounts settled.
Resolved, That 66 2-3 dollars be advanced to major le chevalier de Vera*, net; he to be accountable:
That major de Vermonet be referred to the board of treasury, for a settlement, of his account for rations:
That 100 dollars be advanced to captain William Davies, of Virginia, fc the use of his company on their march to New-York, he to be accountable.
A petition from captain Woelper, was read:
Ordered, That it be referred to the delegates of Pennsylvania and Maryland, who are directed to settle the rank of the captains and subalterns in it German battalion, and report to Congress.
The board of war brought in a report, which was taken into consideration; Whereupon,
Resolved, That Mons. Marquis dc Malmady be appointed to the rank and pay of a major by brevet in ttie continental army, and receive a commissi* accordingly:
That Mons. Jean Louis Imbret, a gentleman well recommended as an endneer, be sent to general Washington to be employed in that capacity, in order to shew his abilities, and that one months' pay as a captain be advanced for his expenses:
That Mons. Christian de Colerus be appointed to the rank and pay of a major by brevet, and that his commission be forthwith given him:
That Mons. Jean Louis de Vimejouz be appointed to the rank and pay of i captain by brevet, and commissioned accordingly:
That the commander in chief of the forces of these states in the several departments, be directed to give positive orders to the brigadier-generals and colonels, and all other officers in their several armies, that the troops, under their command, may, every day, be called together, and trained in arms, ui order that officers and men may be perfected in the manual exercise and manoeuvres, and inured to the most exemplary discipline, and that all officers')' assured, that the Congress will consider activity and success, in introducing discipline into the army, among the best recommendations for promotion.
The commissioners for settling the public accounts in the northern arm.''. having represented to the board of treasury, that sundry officers in the arroj, holding two commissions, had, previous to the time of general Schuyler s receiving the order of Congress, not to allow pay to any person for more than one commission, received warrants from the general for payment in theirdMble capacity, and desiring to know whether such accounts are to be allowed.
Resolved, That 9uch warrants drawn by general Schuyler, previous to f* time of his receiving the order of Congress, be allowed by the commissioner?
That, to prevent, for the future, warrants being drawn by any general in continental army, in favor of anv officer, for more than one commission, order of Congress be published, that no officer in the continental army »' lowed to hold more than one commission, or to receive pay but in one capac j
The committee of treasury reported, that there is due, ^
To Henry Brothers, 54 dollars; George Troxsell, 64 dollars and 72W • and Jacob Miller, 60 dollars ; the whole amounting to 178 dollars and 72-!WW • to be paid to colonel George Strieker, for the hire of three wagons from . . land t/o Philadelphia, with the baggage of two field-officers, and twocompw belonging to the German battalion: . j|,ejr
To the late colonel Caleb Perry, for provisions supplied the muitia on march to New-Jersev, with their ferriage, and the ferriage of baggage % over Schuylkill, 53 dollars; to be paid to John Jacobs:
Ordered, That the said accounts be paid.
A memorial from the chevalier Dorre, was read:
Ordered, That it be referred to the board of war.
The committee for Indian -affairs brought in a report, which was taken into consideration; Whereupon,
Resolved, That 66 dollars and 60-90ths be paid to Jacob Fowler, of the Montauk tribe of Indians on Long-Island, for his trouble in going to the Mohawk and Oneida nations of Indians, and for his services whilst he remained amongst them:
That the commanding officers of the several posts, on the frontiers of Virginia and Pennsylvania, be desired to give the earliest intelligence they can, of every important occurrence they may have notice of, respecting the Indians,. to the commissioners, or, when they are not in the way, to the agent for Indian affairs:
That it be recommended to the inhabitants of the frontiers, and to the officers at all the posts there, to treat the Indians, who behave peaceably and in- ■ offensively, with kindness and civility, and not to suffer them to be ill-used or insulted: ,
That 400 dollars be paid to the agent for Indian affairs, in the middle department, for expenditures, and be accounted for by him:
That the orders drawn bv the commissioners for Indian affairs in the middle department, on the committee for Indian affairs, for £ 1104 17 7j, Pennsylvania currency, and for =£73 0 9, of like money, being 3141 dollars and 10-90ths, the cost of sundry merchandise bought by the agent for the Indians; the former payable to James Heron, and the other to James Heron and James Bavard, be accepted, and that the money be paid by the treasurer of the United States:
That a talk be delivered to the chiefs and warriors of the Shawanese Indians, now in Philadelphia, to be communicated by them to their nation, in these words:
The United States of America, to their Brethren, the Chiefs and Warriors of the Shawanese Nation.
"We have heard from you by Mr. Morgan, our agent, and are much pleased with your reception of him into your towns, ano: with your answers to bur messages by him. We expect that you and our commissioners will shortly meet in council at Pittsburg, when we hope our old friendship will be renewed, and such a peace established between us, as will last forever.
"Our young brothers, Wenthissicia and Pellawa, have visited their white brethren here in company with Mr. Morgan. They can tell you that we keep our roads clear of thorns and briars, and open for all our Indian brethren, who think proper to visit us. We shall always be pleased to see our brothers, the Shawanese, and our brothers of every other Indian nation. We wish to see some of their wise men at our great council-fire, which we preserve bright and clear for all nations." ,
As it may be a means of conciliating the friendship of the Canadian Indians, or, at least, of preventing hostilities from them in some measure, to assist the president of Dartmouth college, in New-Hampshire, in maintaining their youth who are now there, under his tuition, and whom the revenues of the college are not, at this time, sufficient to support; that, for this purpose, 500 dollars be paid to the Rev. Dr. Eleazer Wheelock, president of the said college.
Resolved, That the adjutants of regiments in the continental army be allowed the pay and rations of captains, and have the rank of first lieutenants.
Congress resumed the consideration of the articles of war; and, after some time, the farther consideration thereof was postponed.
Ordered, That the secret committee supply the state of New-Jersey with one ton of powder ; the said state to be accountable.
The several matters to this day referred being postponed,
Adjourned to ten o'clock to-morrow.
Vol. I. 61
FRIDAY, September 20, 1776.
A letter of the 18th, from general Washington, and one of the 15th, from the general assembly of Massachusetts-Bay, enclosing sundry papers, were reid.
Ordered, That the letter from the assembly of Massachusetts-Bay be referred to the marine committee.
In order to prevent the officers and soldiers, who shall be entitled to the lands hereafter to be granted by the resolution of Congress of the 16th, from disposing of the same, during the war,
Resolved, That Congress will not grant lands to any person or personi, claiming under the assignment of an officer or soldier.
Ordered, That the medical committee forward 300 lb. of Peruvian bark to the southern department, for the use of the troops there.
Congress resumed the consideration of the articles of war, which, being debated by paragraphs, were agreed to, as follows:
Resolved, That from and after the publication of the following articles, in the respective armies of the United States, the rules and articles by which tbe said armies have heretofore been governed, shall be, and they are, hereby repealed.
k SECTION I.
Article 1. That every officer who shall be retained in the army of the United States, shall, at the time of his acceptance of his commission, subscribe these rules and regulations.
Art 2. It is earnestly recommended to all officers and soldiers diligently to attend divine service: and all officers and soldiers who shall behave indecenthi or irreverently, at any place of divine worship, shall, if commissioned officers, be brought before a general court-martial, there to be publicly and severely reprimanded by the president; if non-commissioned officers or soldiers, every person so offending shall, for his first offence, forfeit l-6th of a dollar, to be deducted out of his next pay; for the second offence, he shall not only forfeit» like sum, but be confined for twenty-four hours; and, for every lilce offence, shall suffer and pay in like manner; which money, so forfeited, shall be applied to the use of the sick soldiers of the troop or company to which the offender belongs.
Art. 3. Whatsoever non-commissioned officer or soldier shall use any proph"' oath or execration, shall incur the penalties expressed in the foregoing article; and if a commissioned officer be thus guilty of prophane cursing or swearing. he shall forfeit and pay, for each and every such offence, two-thirds of a dollar.
Art. 4. Every chaplain who is commissioned to a regiment, company, troop, or garrison, and shall absent himself from the said regiment, company, troop. Or garrison, (excepting in case of sickness or leave of absence) shall be brought t° a court-martial, and be fined not exceeding one month's pay, besides tbe lo» of his pay during his absence, or be discharged, as the said court-martial &* judge most proper.
Art. 1. Whatsoever officer or soldier shall presume to use traiterous or d»Kspectful words against the authority of the United States in Congress assembled, or the legislature of any of the United States in which he may be q^JFv' if a commissioned officer, he shall be cashiered ; if a nou-commissioned ow or soldier, he shall suffer such punishment as shall be inflicted upon him ty sentence of a court-martial.
Art. 2. Any officer or soldier who shall behave himself with contempt or * spect towards the general, or other commander in chief of the forces of the tn ■
ed States, or shall speak words tending to his hurt or dishonor, shall be punis according to the nature of his offence, by the judgment of a court-mart'*1.
Art. 3. Any officer or soldier who shall begin, excite, cause or j01"''" or mutiny or sedition, in the troop, company or regiment to which he beloiV'
in any other troop or company in the service of the United States, or in any part, post, detachment or guard, on any pretence whatsoever, shall suffer death, or such other punishment as by a court-martial shall be inflicted.
Art. 4. Any officer, non-commissioned officer, or soldier, who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or coming to the knowledge of any intended mutiny, does not, without delay, give information thereof to his commanding officer, shall be punished by a court-martial with death, or otherwise, according to the nature of the offence.
Art. 5. Any officer or soldier who shall strike his superior officer, or 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 command of his superior officer, shall suffer death, or such other punishment as shall, according to the nature of his offence, be inflicted upon him by the sentence of a court-martial.
Art. 1. Every non-commissioned officer and soldier, who shall inlist himself in the service of the United States, shall at the time of his so iulisting, or within six days afterwards, have the articles for the government of the forces of the United* States read to him, and shall, by the officer who inlisted him, or by the commanding officer of the troop or company into which he was inlisted, be taken before the next justice of the peace, or chief magistrate of any city or town-corporate, not being an officer of the army, or, where recourse cannot be had to the civil magistrate, before the judge-advocate, and, in his presence, shall take the following oath, or affirmation, if conscientiously scrupulous about taking an oath:
I swear, or affirm, (as the case may be,) to be true to the United States of America, and to serve them honestly and faithfully against all their enemies or opposers whatsoever; and to observe and obey the orders of the Continental Congress, and the orders of the generals and officers set over me by them.
Which justice or magistrate is to give the officer a certificate, signifying that the man inlisted, did take the said oath or affirmation.
Art. 2. After a non-cominissioned officer or soldier shall have been duly inlisted and sworn, he shall not be dismissed the service without a discharge in writing; and no discharge, granted to him, shall be allowed of as sufficient, which is not signed by a field-officer of the regiment into which he was inlisted, or commanding officer, where no field-officer of the regiment is in the same state.
Art. 1. Every officer commanding a regiment, troop, or company, shall, upon the notice given to him by the commissary of musters, or from one of his deputies, assemble the regiment, troop or company, under his command, in the next convenient place for their being mustered.
Art. 2. Every colonel or other field-officer commanding the regiment, troop, .or company, and actually residing with it, may give furloughs to non-commis"jtf**ioned officers and soldiers, 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 company (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 extraordinary occasion shall require it, of which occasion the field-officer, present with, and commanding the regiment, is to be the judge.
Art. 3. At every muster, the commanding officer of each regiment, troop, or company, there present, shall give to the commissary, certificates signed by himself, signifying how long such officers, who shall not appear at the said muster, have been absent, and the reason of their absence; in like manner, the commanding officer of every troop or company shall give certificates, signifying the reasons of the absence of the non-commissioned officer? and private soldiers; which reasons, and time of absence, shall be inserted in the muster-rolls opposite to the names of the respective absent officers and soldiers: JThe said certificates shall, together with the muster-rolls, be remitted by the Commissary to the Congress, as speedily as the distance of place will admit
Art. 4. Every officer who shall be convicted before a general court-martial of having signed a false certificate, relatiug to the absence of either officer or private soldier, shall be cashiered.
Art. 5. Every officer who shall knowingly make a false muster of manor horse, and every officer or commissary who shall willingly sign, direct, or allow the signing of the muster-rolls, wherein such false muster is contained, shall, upon proof made thereof by two witnesses before a general court-martial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States.
Art. 6. Any commissary who shall be convicted of having taken money, or any other thing, by way of gratification, on the mustering any regiment, troop, or company, or on,the signing the muster-rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employment under the United States.
Art. 7. Any officer who shall presume to muster any person as a soldi"! 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 mus ter, and shall suffer accordingly.
Art. 1. Every officer who shall knowingly make a false return to the Congress, or any committee thereof, to the commander in chief of the forces of the United States, or to any his superior officer authorized to call for such returns, of the state of the regiment, troop, or company, or garrison, under his command, or of arms, ammunition, clothing, or other stores thereunto belonging) shall, by a court-martial, be cashiered.
Art. 2. The commanding officer of every regiment, troop, or independent company, or garrison of the United States, shall, in the beginning of every month, remit to the commander in chief of the American forces, and to the Congress, an exact return of the state of the regiment, troop, independent company, or garrison under his command, specifying the names of the officer* not then residing at their posts, and the reason for, and time of, their absence: "Whoever shall be convicted of having, through neglect or design, omitted the sending such returns, shall be punished according to the nature of bis crime, by the judgment of a general court-martial.
Art. 1. AH officers and soldiers, who having received pay, or having been duly inlisted in the service of the United States, shall be convicted of having deserted the same, shall suffer death, or such other punishment as by ac«"r' martial shall be inflicted.
Art. 2. Any non-commissioned officer or soldier, who shall, without l» from his commanding officer, absent himself from his troop or compa»T> from any detachment with which he shall be commanded, shall, upon bei o convicted thereof, be punished, according to the nature of his offence, 8t discretion of a court-martial. . .
Art. 3. No non-commissioned officer or soldier shall inlist himself in / other regiment, troop or company, without a regular discharge from the re, ment, troop or company, in which he last served, on the penalty of being rep"