"WAR is a science, and a difficult one.

History is full of examples of the weak defeating the strong by

superiority of knowledge in conducting troops. In drilling, we learn but the figures which troops may
form; but we do not learn their application: therefore every officer should know the great principles of
war, which will teach him how to approach the enemy, and, when in his presence, how to apply the
figures of the drill."  

Emil Schalk - Summary of the Art of War (1862)

http://lcweb2.loc.gov/learn/features/timeline/amrev/contarmy/articles.html

The Continental Congress debated for several days the Articles of War governing the
conduct of the Continental Army. Altogether, these Rules and Regulations comprised
sixty-nine separate articles. In the first twelve of the articles below, what kinds of
behaviors were addressed and what kinds of punishments were to be meted out to
violators?

View the original document from the Journals of the Continental Congress in A Century
of Lawmaking for a New Nation. Use your browser's Back Button to return to this point.

The consideration of the articles of war being resumed, Congress agreed to the same:

Rules and Regulations

Whereas his Majesty's most faithful subjects in these Colonies are reduced to a dangerous
and critical situation, by the attempts of the British Ministry, to carry into execution, by
force of arms, several unconstitutional and oppressive acts of the British parliament for
laying taxes in America, to enforce the collection of these taxes, and for altering and
changing the constitution and internal police of some of these Colonies, in violation of
the natural and civil rights of the Colonies.

And whereas hostilities have been actually commenced in Massachusetts Bay, by the
British troops, under the command of General Gage, and the lives of a number of the
inhabitants of that Colony destroyed; the town of Boston not only having been long
occupied as a garrisoned town in an enemy's country, but the inhabitants thereof treated
with a severity and cruelty not to be justified even towards declared enemies.

And whereas large reinforcements have been ordered, and are soon expected, for the
declared purpose of compelling these Colonies to submit to the operation of the said acts,
which hath rendered it necessary, and an indispensable duty, for the express purpose of
securing and defending these Colonies, and preserving them in safety against all attempts
to carry the said acts into execution; that an armed force be raised sufficient to defeat
such hostile designs, and preserve and defend the lives, liberties and immunities of the
Colonists: for the due regulating and well ordering of which;--

Resolved, That the following Rules and Orders be attended to, and observed by such
forces as are or may hereafter be raised for the purposes aforesaid.

 Article I. That every officer who shall be retained, and every soldier who shall
serve in the Continental Army, shall, at the time of his acceptance of his
commission or inlistment, subscribe these rules and regulations. And that the
officers and soldiers, already of that army, shall also, as soon as may be, subscribe
the same; from the time of which subscription every officer and soldier, shall be
bound by those regulations. But if any of the officers or soldiers, now of the said
army, do not subscribe these rules and regulations, then they may be retained in
the said army, subject to the rules and regulations under which they entered into
the service, or be discharged from the service, at the option of the Commander in
chief.

 Art. II. It is earnestly recommended to all officers and soldiers, diligently to attend
Divine Service; and all officers and soldiers who shall behave indecently or
irreverently at any place of Divine Worship, shall, if commissioned officers, be
brought before a 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 One Sixth of a Dollar, to be deducted
out of his next pay; for the second offence, he shall not only forfeit a like sum, but
be confined for twenty-four hours, and for every like 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. III. Whatsoever non-commissioned officer or soldier shall use any profane
oath or execration, shall incur the penalties expressed in the second article; and if
a commissioned officer be thus guilty of profane cursing or swearing, he shall
forfeit and pay for each and every such offence, the sum of Four Shillings, lawful
money.

 Art. IV. Any officer or soldier, who shall behave himself with contempt or
disrespect towards the General or Generals, or Commanders in chief of the
Continental Forces, or shall speak false words, tending to his or their hurt or
dishonour, shall be punished according to the nature of his offence, by the
judgment of a general court-martial.

 Art. V. Any officer or soldier, who shall begin, excite, cause, or join in any
mutiny or sedition, in the regiment, troop, or company to which he belongs, or in
any other regiment, troop or company of the Continental Forces, either by land or
 sea, or in any party, post, detachment, or guard, on any pretence whatsoever, shall
suffer such punishment, as by a general court-martial shall be ordered.

 Art. VI. Any officer, non-commissioned officer, or soldier, who being present at
any mutiny or sedition, does not use his utmost endeavours to suppress the same,
or coming to the knowledge of any mutiny, or intended mutiny, does not, without
delay, give information thereof to the commanding officer, shall be punished by
order of a general court-martial, according to the nature of his offence.

 Art. VII. Any officer or soldier, who shall strike his superior officer, or draw, or
offer to 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 commands of his superior officer, shall suffer such punishment as shall,
according to the nature of his offence, be ordered by the sentence of a general
court-martial.

 Art. VIII. Any non-commissioned officer, or soldier, who shall desert, or without
leave of his commanding officer, absent himself from the troop or company to
which he belongs, or from any detachment of the same, shall, upon being
convicted thereof, be punished according to the nature of his offence, at the
discretion of a general court-martial.

 Art. IX. Whatsoever officer, or soldier, shall be convicted of having advised or

persuaded any other officer or soldier, to desert, shall suffer such punishment, as
shall be ordered by the sentence of a general court-martial.

 Art. X. All officers, of what condition soever, shall have power to part and quell
all quarrels, frays, and disorders, though the persons concerned, should belong to
another regiment, troop, or company; and either order officers to be arrested, or
non-commissioned officers, or soldiers, to be confined and imprisoned, till their
proper superior officers shall be acquainted therewith: and whoever shall refuse to
obey such officer, (though of an inferior rank,) or shall draw his sword upon him,
shall be punished at the discretion of a general court-martial.

 Art. XI. No officer or soldier shall use any reproachful or provoking speeches or
gestures to another, nor shall presume to send a challenge to any person to fight a
duel: And whoever shall, knowingly and willingly, suffer any person whatsoever
to go forth to fight a duel, or shall second, promote, or carry any challenge, shall
be deemed as a principal; and whatsoever officer or soldier shall upbraid another
for refusing a challenge, shall also be considered as a challenger; and all such
offenders, in any of these or such like cases, shall be punished at the discretion of
a general court-martial.

 Art. XII. Every officer, commanding in quarters or on a march, shall keep good
order, and, to the utmost of his power, redress all such abuses or disorders which
may be committed by any officer or soldier under his command: If upon any
 complaint [being] made to him, of officers or soldiers beating, or otherwise ill-
treating any person, or of committing any kind of riot, to the disquieting of the
inhabitants of this Continent; he the said commander, who shall refuse or omit to
see justice done on the offender or offenders, and reparation made to the party or
parties injured, as far as the offender's wages shall enable him or them, shall, upon
due proof thereof, be punished as ordered by a general court-martial, in such
manner as if he himself had committed the crimes or disorders complained of. . . .

Ordered, That Mr. [Silas] Deane, Mr. [Thomas] Cushing and Mr. [Joseph] Hewes, be a
Committee to examine the rules and articles of war agreed to by the Congress, and get
them printed as soon as possible.
top of page

View the original document from the Journals of the Continental Congress in A Century
of Lawmaking for a New Nation. Use your browser's Back Button to return to this point.