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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 --WEDNESDAY, JUNE 12, 1782
Dr. J[ohn] Witherspoon, a delegate for the State of New Jersey, attended, and produced his credentials, by which it appears, that on the 30 of May last, at a joint meeting of the council and assembly of the said State, he was elected to
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represent that State in Congress until the 5th day of November next.
State of New Jersey,
May 30th, 1782.
The Council and Assembly met in Joint Meeting and proceeded to the Election of a Delegate to represent this State in Congress when
The Honble. John Witherspoon was duly elected.
Resolved, That Doctor John Witherspoon be empowered in conjunction with the Honble Abraham Clark, Silas Condict, Elias Boudinot & Jonathan Elmer Esquires or either of them to represent and vote in behalf of this State in the Congress of the United States of North America until the fifth day of November next. It is expected that three of the Delegates do constantly attend in Congress unless prevented by sickness or other accident.
By order of the Joint Meeting
Jno. Stevens Chairman1
[Note 1: 1 The original is in the Papers of the Continental Congress, New Jersey, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
On a report of a committee consisting of Mr. B[enjamin] Huntington, Mr. [Elias] Boudinot, and Mr. [Turbett] Wright, to whom was referred a report of the Superintendant of finance, as agent of marine:
Resolved, That for the future, a marine court of enquiry or court-martial for enquiring into or trying of all capital cases, shall consist of at least five commissioned navy and marine officers, two of whom shall be captains, and in all cases not capital it shall consist of three such officers, one of whom shall be a captain in the navy of the United States:
That any captain in the navy of the United States be, and hereby is authorised to appoint a court-martial for the trial of offences committed by any other than a commissioned officer; provided that no warrant officer be thereby cashiered, without the confirmation of the proceedings of such court by the secretary or agent of marine or other person doing the duty of that office:
That where a court of enquiry or court-martial is to be appointed for enquiring into the conduct of or for trying a
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commissioned officer, the same shall be done by the secretary or agent of marine or other person doing the duty of that office: provided always, that no sentence of a courtmartial, on a capital offence, shall be executed until approved by the agent of marine, or other person doing duty in that office.1
[Note 1: 1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 28, folio 239. The first resolution was slightly modified in Congress. A copy in the form adopted, in the writing of Charles Thomson, is on folio 237b. The final proviso in the writing of Turbett Wright is on folio 237a.]
The Committee of the Week, [Mr. Ralph Izard, Mr. David Howell, Mr. Thomas McKean], report, That the memorial of Captain I. A??? D. Florat be referred to the Secretary at War, who is to report thereon.
That the memorial of Doctor Nicholas Noel be referred to a special Committee.
That the letter of J. R. Stevenson be referred to the Agent of Marine.2
[Note 2: 2 This report, in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 32, folio 361. The indorsement states that it was passed on this day. Dr. Noel's memorial is in No. 41, VII, folio 83, and was referred to Mr. [Ezekiel] Cornell, Mr. [Samuel] Osgood and Mr. [Theodorick] Bland.
The memorial of Captain I. A. De Florat, dated Philadelphia, June 6, is in No. 41, III. folio 264.]
[Motion of Mr Ezekiel Cornell June 12, 1782.]
The expence arising to the United States by keeping in full pay a large number of Officers that cannot have any command in the field for want of a sufficient number of Troops, is more than they are able to pay, Wherefore,
Resolved, That the Commander in Chief and the commanding officers of the Southern Army take measures to have in the field by the first day of August next as many officers as they shall think necessary for the command of the Troops in actual service at that time and for the service of the several staff departments, and that all the remainder of the officers be considered as on half pay without any other allowances until they shall be called into actual service or the further order of Congress.3
[Note 3: 3 This motion, in the writing of Ezekiel Cornell, is in the Papers of the Continental Congress, No. 36, I. folio 315. The indorsement shows it was offered this day.]
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