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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 --MONDAY, JUNE 3, 1782
A letter, of 31 May, from the Superintendant of finance, being read,
On motion of Mr. [Thomas] Smith, seconded by Mr. [Elias] Boudinot,
Resolved, That the resolution of the 29 May, respecting the payment of the salaries and allowances of the public
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servants of the United States, be re-considered and committed.1
[Note 1: 1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.
The letter of the Superintendent of Finance is in the Papers of the Continental Congress, No. 137, I, folio 525. The indorsement shows that it was read on this day and referred to Mr. [James] Madison Mr. [David] Ramsay and Mr. [Samuel] Osgood. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton) V, 463.]
Mr. Benjamin Huntington, a delegate for Connecticut, attended and took his seat.
Mr. E[liphalet] Dyer, another delegate for Connecticut, attended, and produced credentials, by which it appears, that at a general assembly of the governor and company of Connecticut, on the 10 of January, 1782, he was elected to be a delegate in Congress until the 1st Monday in November next, in the room of Mr. A[ndrew] Adams, resigned.
State of Connecticut.
At a General Assembly of the Governor and Company of the [Seal] State of Connecticut in America holden at Hartford by Adjournment on the tenth Day of January A Dom 1782
This Assembly do appoint the Honble Eliphalet Dyer Esqr to be a Delegate in Congress until the first Monday in November next, in the room of the Honble Andrew Adams Esqr resigned.
A true Copy of Record,
Examind.
By George Wyllys Secrety2
[Note 2: 2 The original is in the Papers of the Continental Congress, Connecticut, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
A letter, of this day, from the Secretary at War, being read, enclosing a resignation of John Lawrence, late judge-advocate,
Ordered, That his resignation be accepted; and that Monday next be assigned for the election of a judge-advocate.
According to the order of the twenty-ninth instant the Superintendant begs leave to report,
That by the resolution of the twenty-eighth of November, 1775, it was determined that a court martial should consist of at least three
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captains and three first lieutenants with three captains and three first lieutenants of marines.
That by the resolution of the eighth of February 1780 it was determined that in the particular case therein mentioned of trying a captain or other commissioned officer for the loss of a ship a court martial might consist of such five persons as a navy board might appoint.
That by the resolution of the twentieth of November, 1781, the powers for appointing courts by the last mentioned resolution in the case there mentioned are assigned to the Secretary of Marine or until his appointment in the Agent of Marine and until his appointment to the Superintendant of Finance.
That the present situation of the Navy will very seldom admit of holding courts martial or courts of inquiry for the want of sufficient officers the provision in the resolution of the eighth of February being confined to a particular case.
The following resolutions are therefore submitted:
That in future a marine court of inquiry or court martial shall never consist of less than three or more than seven commissioned sea officers whereof oneat least shall be a captain in the Navy of the United States.
That any captain in the Navy of the United States be authorised to appoint a court martial for the trial of offences committed by any other than a commissioned officer.
That where a court of enquiry or court martial is to be appointed for enquiring into the conduct of or trying a commissioned officer the same shah be done by the Secretary or Agent of Marine or other person doing the duty of that office.1
[Note 1: 1 This "report of the Superintendant of Finance as Agent of Marine" was read this day, the indorsement indicates, and referred to Mr. [William] Ellery, Mr. [Benjamin] Huntington, Mr. [Elias] Boudinot. It is in the Papers of the Continental Congress, No. 137, I, folio 543. The Committee Book, No. 186, shows that Ellery's name was struck off the committee, and Mr. Turbett Wright added on June 11.
On this day, according to the indorsement, a letter from Elias Dayton, dated Jersey Camp near Morristown, May 28, 1782, was read and referred to the Secretary at War. It is in No. 41, II, folio 471.
Also one dated Indian Eastern Department, Machias, March 8, 1782, from John Allan, which was also referred to the Secretary at War. It is in No. 149, II, fo1io 563.
Also a letter of June 3 from the Secretary at War laying before Congress a letter from General Washington and a copy of a letter from Sir Guy Carleton, which were referred to Mr. [John Morin] Scott, Mr. [Elias] Boudinot, Mr. [David] Ramsay. It is in No. 149, I, folio 367.
Also, a letter from General Washington, dated Head Quarters May 28. It is in No. 152, X, folio 571.]
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