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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 --THURSDAY, NOVEMBER 8, 1781
An ordinance respecting captures by water was taken into consideration, and some progress being made, the farther consideration thereof was postponed.
On a report from the Board of War:
War Office Nov. 7. 1781.
Sir,
The Board have the honor to inform Congress that two Persons, the one stiling himself John Moody the other Lawrence Marr, who confess themselves soldiers enlisted in the British Service, and by their Examinations herewith presented appear to fall under every description necessary to designate their being spies, have been apprehended and committed by the Honble. The Chief Justice of Pennsylvania to the State Prison. By the Resolution of the 17th. April 1778 the Board are empowered to order and appoint General Courts Martial "for trying officers and others under arrest agreeably to the Rules and Articles of War in the Place where Congress shall sit, and that the said Courts report their Proceedings to the Commander in Chief." As this Power seems to be delegated for Purposes confined to those in the service of the United States, and does not expressly reach the case of Spies, the Board hesitate to act under it in the case stated without the farther orders of Congress and therefore thought it necessary to report,
Resolved, That the Board of War take order for the trial, and in case of condemnation, for the execution of any persons falling under the description and character of spies, apprehended in the place where Congress shall sit, in the same manner and with the same powers for this purpose, with those vested in the Commander in Chief by the rules and articles of war.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 423.
A petition of John Rowan and seven others, privates in South Carolina regiments, dated November 6, 1781, was read, as the indorsement shows, and referred to the Board of War. It is in the Papers of the Continental Congress, No. 42, VI, folio 457.
Also one of Anthony [Antoine] Felix Wuibert, which was referred to the Board of War. It is in No. 42, VIII, folio 241.
Also a letter of the 5th from Robert Morris, Superintendent of Finance, which was referred to Mr. [Samuel] Osgood, Mr. [Abraham] Clark and Mr. [Edmund] Randolph. It is in No. 137, I, folio 215.
Also a letter of November 3d from Major General Heath, enclosing letters of. October 29 and 30 from Major General Lord Stirling. It is in No. 157, folio 381.]
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