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That they enquire when the Barracks will be in readiness for the reception of the Troops, likewise what Number of Firelocks are made for this County.
Resolved, as the opinion of this Board, that it is necessary to take some further Measures for the defence of this city than are already provided, & That Mr. Wharton, Mr. Clymer, Mr. Howell, & Mr. Nixon, be a Committee to enquire and to report to this Board if a Ship can be immediately bought, fit for a Provincial Ship of War, or how soon and at what Price such a Ship can be built.
Mr. Samuel Morris, jun'r, & Mr. Robert White, are directed to provide Logs and Plank to build a Third Tier of Chevaux-deFrize.
Upon application of Capt. Procter, the following order was deliver'd him :
"In Committee of Safety.
“ PHILADELPHIA, 30 November, 1775.
“ You will please to admit Capt. Thomas Procter, with his Company of Artillery, into the Barracks, and furnish him with the Bedding late belonging to the Royal Artillery Company, and with what other necessarys belonging to the Province, for their accominodation, that you may have in your power to supply him with. “By order of the Committee,
“ Signed, ROB’T MORRIS, vice Presid't. “ To JOSEPH Fox, Esq'r, Barrack Master."
November 6th.-At a Meeting of the Committee of Safety.
Thomas Wharton, jun'r.
Owen Biddle. Andrew Allen, Mr. Dougherty Reports his having deliver'd the order of Assem. bly to Jos. Fox, Esq'r, Barrack Master, for repairing the Barracks; That the Barrack Master expected they would be ready for the Reception of the Troops in about 10 days; that he supposed there would be Six Muskets finish'd by Saturday next.
George Hastings, late Commander of the Ship Rebecca & Francis, being desirous to go to the wreck of said Vessell, now laying on Brigantine Beach, We do hereby certify that the said Commander has been examined by the Committee of Safety of this Province, and regularly discharged. The Articles for the artillery were this day compleated, agreed to, and are as follows, vizt :
“ In Committee of Safety for Pennsylvania–Rules and Regula.
tions for the Artillery Company.
"WHEREAS, a Company of Artillery being necessary for the De. fence of this Colony, the Committee of Safety have, therefore,
“ Resolved, to take into pay one Captain, one Lieutenant, one Fife, one Drum, with Twenty-Five Privates, for that service, who are to be Subject to the following Rules and Regulations, viz't:
1. "All Officers and Privates, belonging to the said Company, who Shall be 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.
2. “ Any Officer or Private who shall strike the Commander-inChief, or other his superior Officer, or draw, or offer to draw, 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 punish'd accord. ing to the nature of his offence, at the discretion of a Court Martial.
3. “If any person in, or belonging to the Artillery Company, shall raise, or endeavor 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.
4. “Any Officer or Private who shall, without leave of his Commanding officer, absent himself from the Company, 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.
5. “Every person in time of action, who shall Mutiny, 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 endeavor to persuade or deter others from doing their duty at such times, Shall Suffer Death.
6. “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.
7. “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.
8. “Every officer or private, who shall be convicted of having designedly or carelessly wasted or embezzled the ammunition, arms, Stores, or Provisions, with which they are entrusted for the Public, shall suffer such punishment as a Court Martial shall think proper for the offence.
9. “Whatever officer shall be found Drunk on Guard or under arms, Shall be Cashier'd, and any private so offending, shall be pupished at the discretion of a Court Martial.
10. “No person in, or belonging to the said Artillery Company, shall sleep upon his watch, or forsake his post, on pain of such punishment as a Court Martial shall think fit to impose.
11. “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 Mar. tial.
12. “All officers, of what condition soever, belonging either to the Artillery Company or the Provincial Armed Boats, shall bave power to part and quell all quarrels, affrays, and disorders, amongst or between any sailors or Soldiers in the pay of this Province, and order officers to be arrested, and non-Commission's officers or privates to be confined, 'til their superior officers shall be acquainted therewith, and 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.
13. “If any officer or Private shall think himself wronged by his Commanding officer, he may apply to the Committee of Safety, who will redress his grievance.
14. “The Captain of the said Artillery Company shall Rank with the Captains of our armed Boats, according to the Dates of their respective Commissions, and the Licutenants of said Company shall have rank with the first Lieutenants of the said Boats in like manner, according to the date of their respective Commissions.
15. “All Ships and other vessels and their cargoes, ammunition, artillery, Clothing, or other articles taken from the Enemy, shall be disposed of or distributed as the Proviucial Assembly shall bereafter think proper.
16. “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 if a non-commission'd officer or Private, be, put in confinement until he shall be tried by a Court Martial, or discharged by proper Authority.
17. “If any officer under arrest shall leave his confinement before be is set at liberty by the officer wbo confined him, or by proper authority, he shall be Cashier'd.
18. “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.
19. "If any Commission'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 Dismissed from the Service.
20. “All crimes not capital, and all disorders and neglect which officers and Privates may be guilty of, to the prejudice of good order & 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.
21. “No Person to be sentenc'd by a Court Martial to suffer Death, except in the cases expressly mention’d in the foregoing Ar. ticles, nor shall any other punishment be inflicted at the discretion of a Court Martial, other than degrading, Cashiering, drumming out of the Company, fine not exceeding two month's pay, and imprisonment not exceeding one month.
22. “The Captain of our said Company of Artillery 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 Asssembly or Committee of Safety, and by them to 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.
23. “ Courts Martial may be composed of Commission's officers from our armed Boats, in conjunction with any of the officers of our Artillery Company, who shall have power to hear and determine all causes agreeable to these articles.
24. “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 there 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.
25. "All persons belonging to our Boats or our Artillery Com. pany, 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.
26. “All Members of a Court Martial are to behave with calm. ness, decency and impartiality; and in giving their votes, are to begin with the youngest or lowest in Commission, and all officers are to Rank in Court Martials according to their Commissions.
27. “All Members sitting in a Court Martial shall be sworn or affirmed by the President of said Court, which President shall him. self 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 following, viz't.: “You
“ A. B , swear or affirm, that you will well and truly try, and im.
partially determine the Cause of the Prisoner now to be tried, ac“cording to the Rules framed for the Regulations of the Pennsyl“ vania Artillery Company, (if an Oath, add.) so help you God.”
28. “ 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.'
29. “No Person shall suffer Death, agreeable to the Sentence of a Court Martial (except in the cases mention'd in the 5th Article,) until the Sentence is confirmed by the Assembly, or in their recess by the Committee of Safety.
30. “The Captain of the said Artillery Company shall, in the begining of every month, make a faithful return to the Committee of Safety of the Men in his Company, to be signed 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.
31. “No officer or private shall be tried a second time for the same offence.
32. “And for the Encouragement of good and able bodied Men to enter into the said Artillery Company, the Committee of Safety have resolv'd to pay to the Captain of the said Company Twenty Dollers P month, to the Lieutenant Fourteen Dollers month, and to each Private, Fife and Drum, Six Dollers * month, with the same allowance of Provisions and Liquor as order'd for the Armed Boats.
“We, the underwritten, having seen and distinctly heard the 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.
“PHILADELPHIA, November 6th, 1775."
Resolved, That Capt. Proctor be supplyed by the Master at Arms with the firelocks furnish'd by Colo. Cadwalader, now on Board the Armed Boats, taking his receipts for the same; and that the Master at Arms replace the number of Firelocks taken from on Board the Boats as soon as Possible.
That he appoint the necessary non-Commission'd Officers of his Company, they serving for the Common Pay.
That he may order his Men to the Barracks immediately.
That Robert Towers supply him with Six Cannon, with Carriages and every other necessary for them.