such offences as shall be
committed by the officers and soldiers of that regiment; and that the
said court martial shall consist of the officers of that regiment
only; and that the Colonel of the said regiment shall sit as President
of the said regimental courts martial, and make a report to me, and
that according to the judgment of the said Courts I shall cause
sentence to be pronounced, in case I approve of the same, or otherwise
suspend the same as I shall see cause. And I do further declare that
this authority shall continue for the space of four months from the
commencement of the said expedition, and no longer; and that after the
expiration of the said four months, or other sooner determination of
the said expedition, every officer and soldier, whether volunteers
from, or in the pay of the government of Carolina, shall have free
liberty to depart and return to their habitations, and that a free
pass (if by them required,) shall be respectively granted unto them,
against being impressed, impeded, enlisted, or detained, by any
authority, civil or military, whatsoever, that may be exercised by or
derived from me.
And I do further declare that if the officers of his Majesty's ships
of war shall land men to assist the land forces, one full moiety of
all the plunder that shall be taken in such service, shall go to the
officers and men in his Majesty's said sea-service, whose ships are
assisting in the said expedition; and that all plunder taken and
accruing to the officers and men in the land service shall be divided
among the officers and men of the land service, in the same manner and
proportion as prizes are distributed among the officers and men in
his Majesty's sea-service, according to the laws and rules of his
Majesty's navy.
And I do further declare that whatever share of plunder shall come to
me as General and commander of the said forces, I will apply the same
totally towards the relief of such men as may happen to be maimed or
wounded in the said expedition, and towards assisting the widows and
children of any of the said forces that may happen to be killed in
the said service; and for the rewarding of such as shall perform any
distinguished brave action.
No Indian enemy is to be taken as a slave, for all Spanish and
Indian prisoners do belong to his Majesty, and are to be treated as
prisoners, and not as slaves.
JAMES OGLETHORPE.
XXIII.
COLONEL PALMER.
"As no final agreement with respe
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