This Board thought proper to reconsider the articles for the Government of the Officers and Men to be employed on board the provincial Armed Boats, and after some amendments, were order'd to be transcribed for the press, which was accordingly done, and are as follows:
In Committee of Safety for Pennsylvania
Whereas, the Arbitrary and Tyrannical proceedings of the British Ministry, in attempting to reduce the good people of America into a state of abject Slavery and Vassalage, has met with a righteous and Spirited Opposition from the twelve united Colonies by their Delegates in Congress, who, by their resolves of the 18th July, recommended to the Assemblies or Conventions, or in their recess, to the Committees of Safety, to devise and provide such means for defending the Lives, Liberties, and properties of their respective inhabitants, as may to them seem best in compliance with this recommendation; and in consequence of the powers vested in this Committee by Resolve of the Assenlbly of this Province, they have caused Sundry Boats to be Built and Armed for the defence of the Same, and the protection of its commerce; which Boats being now ready for service, it remains that they be immediately manned and equiped: Therefore, to encourage good and brave Men to engage freely in this Glorious Service, the following Rules and Regulations are offered by the said Committee:
1st. All Officers and Privates in or belonging to the Provincial Armed Boats, being guilty of profane Oaths, Cursing Drunkeness or other scandalous actions, shall incur such punishment as the nature and degree of the offence shall deserve, at the discretion of a Court Martial.
2nd. Any Officer or Private who shall strike the Commander-in-Chief or other his Superior Officer, or draw, or offer to draw, or lift up any weapon, or use any violence against him, or shall behave himself with contempt or disrespect to him, them, or either of them, being in the execution of their office, shall be punished according to the nature of his offence, at the discretion of a Court Martial.
3rd. If any Person in or belonging to the Provincial Armed Boats shall raise, or endeavour to raise a Mutiny, on any pretence whatever, or shall disobey any lawful commands of his Superior Officer, he shall, on conviction thereof, suffer such punishment as shall be order'd by a Court Martial.
4th. Any Officer or Private who shall, without leave of his Commanding Officer, absent himself from the Boat or other Vessell to which he belongs, or from any detachment of the same, or shall advise or persuade any other officer or private so to do, shall be punished, at the discretion of a Court Martial.
5th. Every Person in the Fleet who shall Mutiny in time of action, or who through Cowardice, disaffection, or negligence, shall at such time withdraw or keep back, or not come into the fight or Engagement, or shall not do his utmost to take or destroy any Ship, Boat or other Vessell which it shall be his duty to engage, or shall endeavour to persuade or deter others from doing their duty at such a time, shall suffer Death.
6th. Every Person who shall desert to the Enemy, or shall intice others so to do, shall suffer Death, or such other punishment as the circumstances of the offence shall deserve, and a Court Martial think fit.
7th. Any Officer or Private who shall be convicted of holding any correspondence with, or giving intelligence to the Enemy, either directly or indirectly, shall suffer Death, or such punishment as shall be order'd by a Court Martial.
8th. Every Officer or Private who shall be convicted of having designedly or carelessly wasted or imbezzled the ammunition, arms, stores, or provisions belonging to any of the Boats, shall suffer such punishment as a Court Martial shall think proper for the offence.
9th. Whatever Officer shall be found Drunk on Guard or under Arms, shall be Cashier'd; and any Private so offending, shall be punish'd at the discretion of a Court Martial.
10th. No Person in or belonging to the Provincial Armed Boats shall sleep upon his watch, or forsake his post, on pain of such punishment as a Court Martial shall think fit to impose.
11th. Any Officer or Private who shall, by discharging Fire Arms, beating of Drums, or by any other means, occasion false alarms, shall suffer such punishment as shall be inflicted by a Court Martial.
12th. All Officers, of what condition soever, shall have power to part and quell all quarrels, affrays and disorders, though the persons concern'd should belong to another Boat, and order Officers to be arrested and Non-Commission'd Officers or Privates to be confined 'till their proper Superior Officers shall be acquainted therewith, & whoever shall refuse to obey such Officer, though of an Inferior rank, or shall draw his sword, or lift up any weapon against him, shall be punished, at the discretion of a Court Martial.
13th. If any inferior Officer or Private shall think himself wronged by the Commander of the Boat to which he belongs, he may apply to the Commander-in-Chief, who is to redress his grievance.
14th. All Officers shall take Rank from the date of their Commissions.
15th. All Ships and other Vessells, and their Cargoes, ammunition, Artillery, cloathing, or other articles taken from the enemy, shall be disposed of or distributed as the Provincial Assembly shall hereafter think proper.
16th. If any Officer or Private shall commit any crime deserving punishment, he shall by his commanding officer be put under arrest if an officer or a non-commission'd Officer or Private, be put in confinement, till he shall be tried by a Court Martial or discharg'd by proper authority.
17th. If any Officer under arrest shall leave his confinement before he is set at liberty by the Officer who confined him, or by proper authority, he shall be cashier'd.
18th. Any Officer who shall presume to discharge any Prisoner committed to his charge without proper authority for so doing, or shall suffer any prisoner to escape, shall be punished at the discretion of a Court Martial.
19th. If any commssion'd Officer shall be convicted before a Court Martial of behaving in a scandalous, infamous, cruel, oppressive or fraudulent manner, unbecoming the character of an Officer, he shall be dismiss'd from the Service.
20th. All Crimes not Capital, and all disorders and neglect which officers and privates may be guilty of, to the prejudice of good order and Military discipline, though not mention'd in these articles, shall be taken notice of by a Court Martial, and punished, according to the nature of the Offence.
21st. No Persons to be sentenced by a Court Martial to suffer Death, except in the cases expressly mention'd in the foregoing articles, nor shall any other punishment be inflicted, at the discretion of a court martial, other than degrading, cashiering, drumming out of the fleet, whipping, not exceeding thirty-nine Lashes, fine, not exceeding two months' pay, and imprisonment, not exceeding one month.
22nd. The Commanding Officer of each Boat shall appoint some suitable person to receive all such fines as may arise within the same, for breach of any of these articles, which fines shall be accounted for to the assembly or Committee of Safety, and by them be appropriated for the relief of the maimed and disabled in the Service, and the Support of the widows and families of such as may be killed.
23rd. No Court Martial for the trial of offences under the degree of Capital, shall consist of less than five Officers, except in cases where that number cannot be conveniently assembled, when three may be sufficient, who are to determine on the sentence by a Majority of Voices, and in all trials for Capital Offences, the Court Martial shall be composed of thirteen Officers, and the sentence be determined by at least two-thirds.
24th. All Persons belonging to the Boats, called as Witnesses in any case before a Court Martial, who shall refuse to attend and give evidence, shall be punished, at the discretion of a Court Martial.
25th. All Members of a Court Martial are to behave with Calmness, decency and impartiality, and in giving their Votes, are to begin with the youngest or lowest in Commission, and all Officers of different Boats are to rank in Court Martial according to their Commissions.
26th. All Members sitting in a Court Martial shall be sworn or affirmed by the president of said Court, which president shall himself be sworn or affirmed by the Officer next in Rank in said Court, the Oath or affirmation to be administer'd previous to their proceeding to the trial of any offender, in form, viz: "You, A.B., Swear or affirm that you will well and truly try, and impartially determine the cause of the Prisoner now to be tried, according to the Rules framed for the Regulation of the Pennsylvania Fleet, (if an oath add) so help you God."
27th. The President of the Court Martial shall administer the following Oath or affirmation to all persons called to give evidence: "You Swear or affirm that the evidence you shall give in the cause now trying, shall be the truth, the whole truth, and nothing but the truth (if an oath add,) so help you God."
28th. No Person shall suffer Death, agreeable to the Sentence of a Court Martial (except in the cases mention'd in the 5th Article), till the Sentence is confirmed by the assembly, or in their recess by the Committee of Safety.
29th. The Commander of each Boat shall, in the beginning of every month, make a faithful return to the Committee of Safety, of the Men employed in his Boat, to be sign'd by himself, and upon being convicted of having made a false return, shall be discharged from the service, and if he neglect to make a return within the month, shall be fined, at the discretion of said Committee.
30th. No Officer or Private shall be tried a second time for the same offence.
We, the underwritten, having seen and distinctly heard the foregoing Articles read, and fully understanding the contents thereof, Do freely and Voluntarily subject ourselves to all and every of the Rules, Regulations, and restrictions therein contained. In Witness whereof, we hereunto subscribe our names.
The Officers and Privates to enter into the Service for two Months, and until they shall be discharged by the Assembly or Committee of Safety.