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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, JUNE 16, 1781


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Journals of the Continental Congress, 1774-1789
SATURDAY, JUNE 16, 1781

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A letter, of 24 May, from Jacob Bayley and others was read:1

[Note 1: 1 This letter is in Washington Papers, 97, folio 9.]

Ordered, That it be referred to the Commander in Chief.

A report from the committee of the week was read; Whereupon,

Ordered, That a letter of John David Weaver be referred to the Board of War.2

[Note 2: 2 This letter, dated June 15, 1781, is in the Papers of the Continental Congress, No. 147, V, folio 389.]

The report of the committee, ∥consisting of Mr. Jones, Mr. McDougall, Mr. Sullivan,∥ on the letter of February 3, from General Washington was read, Whereupon:

The Committee to whom Genl. Washington's letter of the 3d of February last was referred, beg leave to report the following resolutions, viz:

Resolved That General, Special and Garrison Courts Martial in the Army of these United States are hereby authorized to sentence delinquents to receive any number of lashes not exceeding Five hundred, or may order such delinquents to serve on board any armed vessel belonging to these States, or to labor on public works, for a reasonable term, according to the discretion of the said Court--any former act or resolution to the contrary notwithstanding.

Resolved, That all acts and regulations of Congress empowering commanding officers of regiments or corps, to grant furloughs to non-commissioned officers and soldiers belonging to their respective corps, be, and hereby are repealed; and that in future no furloughs be granted but by the Commander in Chief, or the commander of a seperate department, or by such persons as they or either of them may appoint for that purpose:

That all furloughs be in the form following:

[The bearer hereofin theregiment of is hereby permitted to be absent on furlough fordays from


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the date hereof: and all officers, civil and military, are requested to suffer him to pass toand return to his regiment without molestation, he behaving as becometh him. This permit to be valid no farther than to the above-mentioned place, and no longer than for the above-mentioned time. Given attheday of178Registered in the books of the regiment.

Adjutant.]

That all discharges be in the following form:

[The bearer hereofin theregiment ofand in captaincompany, having served duringbeing the term for which he was engaged, is hereby discharged from the said regiment, in which we certify that he hath behaved as a brave and faithful soldier. Given atthisday of178Registered in the books of the regiment.

Adjutant.]

That the furloughs and discharges granted, be registered in the books of the regiment:

That when any non-commissioned officer or soldier shall return home, and does not within ten days after his return, produce his furlough or discharge to the nearest magistrate, he shall be liable to be apprehended and treated as a deserter:

Ordered, That the Board of War procure printed forms of furloughs and discharges, and forward them, from time to time, to the Commander in Chief.1

[Note 1: 1 This report, except the paragraphs in brackets, is in the Papers of the Continental Congress, No. 19, VI, folio 343. It is in the writing of John Sullivan.]

The committee having recommended that general and garrison courts-martial in the army of these United States, be authorised to sentence delinquents to receive any number of lashes, not exceeding 500, or may order such delinquents to serve on board any armed vessel belonging to these states, or to labor on public works for a reasonable term, according to the discretion of the said court, any former act or resolution to the contrary notwithstanding.


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On the question to agree to this, the yeas and nays being required by Mr. [Roger] Sherman,

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So it passed in the negative.

Ordered, That a member be added to the Board of Treasury in the room of Mr. [William Churchill] Houston, who is excused:

The member, Mr. [Samuel] Osgood.

Adjourned to 10 o'Clock on Monday.

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