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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --SATURDAY, JANUARY 15, 1780
A report from the Board of War was read; Whereupon;
At a Board of War, Jany 14, 1780
Present Col Pickering, Mr Peters
Mr Ludeman a Lieutenant in the service of the United Provinces, who was attached to Colo Armands corps during the last campaign,
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and performed the duty of Lieutenant from the first of June last, being highly recommended by the Baron Steuben, and Colo Armand for a commission of Lieutenant in the said corps, the Board beg leave to report,
Resolved, That Mr. Ludiman be appointed to the rank of lieutenant in Colonel Armand's corps; his commission to bear date from the 1st day of June, 1779; the date of his brevet:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 71.]
At a Board of War, Jany 14th 1780
Present Col Pickering, Mr Peters
Colo Armand having represented to the Board, that Mr Briffault, who was appointed the 13th of January 1779 to the brevet rank of Lieutenant in the army of the United States; served in his corps during the last campaign and behaved on all occasions as an active, brave and good Officer, and that Mr Briffault is desirous of remaining in the service of the United States, and of being attached to his corps--the Board beg leave to report--
That Mr. Briffault, who, on the 13 of January, 1779, was appointed to the brevet rank of lieutenant in the army of the United States, receive a commission of lieutenant in Colonel Armand's corps, to bear the date of his brevet:2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, IV, folio 61.]
At a Board of War, Jany 14, 1780
Present Col Pickering, Mr Peters
The Board having been certified by General Washington, that there are two Subaltern Officers wanting in Colo Armands corps, and Colo Armand having recommended in strong terms the Gentleman hereafter named, of whose zeal and activity he has had sufficient proof in the last campaign--beg leave to report,
That Christian Buyman be appointed to the rank of cornet in Colo Armands corps.
Col Armand has not at this time named the other Gentleman for the vacancy mentioned by Genl Washington--but means to do it when he meets with a suitable character.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 147, IV, folio 67.]
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According to order Congress proceeded to the consideration of the report of the committee for establishing a court of appeals; Whereupon,
Resolved, That a court be established for the trial of all appeals from the courts of admiralty in these United States, in cases of capture, to consist of three judges, appointed and commissioned by Congress, either two of whom, in the absence of the other, to hold the said court for the despatch of business:
That the said court appoint their own register:
That the trials therein be according to the usage of nations and not by jury:
That the said judges hold their first session as soon as may be at Philadelphia; and afterwards at such times and places as they shall judge most conducive to the public good, so that they do not at any time sit further eastward than Hartford, in Connecticut, or southward, than Williamsburg, in Virginia:
That the salary of the said judges be fixed on the first Monday of July next; and that in the interim the sum of twelve thousand dollars be advanced to each of them.
That the Judges of said Court be allowed for their services and Postponed. expences 25,000 dollars per annum until the further order of Congress.
That for defraying the expence of said court of Appeals one half per centum on the value of all prizes the trial whereof shall come before them shall be paid into the Continental treasury which if more than sufficient for the purpose aforesaid the residue shall be applied to the support of seamen disabled in the service of these United States.
Resolved, That it be recommended to the States to make laws authorizing and directing the Courts of Admiralty therein established pursuant to the recommendation of Congress, to carry into full and speedy execution the final decrees of the Court of Appeals on the same being made known to the Courts, or Judges of Admiralty from whence the appeals are or shall be taken.
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And whereas trials by Jury in cases of capture, which are decided by the law of nations, and not the municipal laws of the land, are found on trial to be inconvenient, and are not practised in any other nation.
Resolved, That it be recommended to the States to authorize the Courts of Admiralty therein, who are not so authorized already, to decide without a Jury in all cases, where the civil law, the law of nations, and the resolutions of Congress, are the rules of their proceeding and adjudication.1
[Note 1: 1 This report, in the writing of Oliver Ellsworth, is in the Papers of the Continental Congress, No. 29, folio 379. It is endorsed by Thomson: "Delivered and read January 14, 1780; to be considered on 15; part agreed to on 15."]
In debating the paragraph, "That the trials therein be according to the usage of nations and not by jury."
A motion was made by Mr. [Nathaniel] Peabody, seconded by Mr. [Nathaniel] Folsom, to strike out the words "according to the usage of nations and not;" and on the question, shall those words stand, the yeas and nays being required by Mr. [Nathaniel] Folsom,
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So it was resolved in the affirmative.
On the question to agree to the paragraph,
That the judges hold their sessions, &c., the yeas and nays being required by Mr. [George] Partridge,
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So it was resolved in the affirmative.
In debating a subsequent paragraph of the report, viz,
"That for defraying the expence of the said court of appeals, one per cent on the value of all prizes, the trial whereof shall come before them, shall be paid into the continental treasury, which if more than sufficient for the purpose aforesaid, the residue shall be applied to the support of seamen disabled in the service of the United States."
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Samuel] Holten, to strike out the words "which if more than sufficient," &c. to the end, in order to insert, in lieu thereof, "and if the sum so paid shall at the end of
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the year be more than sufficient to discharge the said expence, the surplus shall be credited to the States in proportion to the value of the prizes in the cases appealed from them respectively." And on the question, shall the words moved to be struck out stand, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it passed in the negative, and the words were struck out.
After farther debate,
Resolved, That the remainder of the report be postponed.
Resolved, That Saturday next be assigned for electing the judges of the court of appeals, and that in the meanwhile, nominations be made.
Adjourned to 10 o'Clock on Monday.
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