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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, AUGUST 21, 1782
On a report from the Secretary at War, to whom were referred the proceedings of a court of enquiry on a complaint against Captain Gun:
War Office, August 20th., 1782.
Sir,
On the proceedings of a Court of Enquiry on a complaint against Captain Gunn referred to me, I beg leave to report,
Resolved, That the Secretary at War be directed to inform Major General Greene that Congress approve his conduct in disapproving are well satisfied with the general orders issued by him on the report of the court of enquiry, on a complaint exhibited against Captain Gun for disposing of a public horse as his own property: and that Congress approve the principles on which his opinion was that the principles advanced in his orders are well founded, and that an approbation of the sentiments of the court would have been to establish a precedent repugnant to reason and justice, and subversive of that order and system which gives security to public property: that General Greene be directed to order Captain Gun to replace the horse he sold with another equally good.
Resolved, That should any commissioned officer be convicted, at a general court-martial, of having sold or disposed of a public horse, without proper orders from the quarter master general for that purpose it shall be considered a breach of the first article of the 12th section of the articles of war.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 607. The Secretary at War's letter, dated August 16, laying before Congress the papers relative to the complaint against Captain Gunn, is on folio 603, and the inclosures on folios 591--599.]
On the report of a committee consisting of Mr. [David] Howell, Mr. [Abraham] Clark, and Mr. [Samuel] Osgood, to
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whom was referred a report of the Secretary at Wax, concerning Fortune Stoddard, a soldier of the Rhode Island regiment:
War Office, August 10th., 1782.
Sir,
By the enclosed papers which I have the honor to lay before Congress, they will be informed that on the 22nd. of December last a soldier of the Rhode Island Regiment killed one James Cunningham, for which act he has been tried by the laws of the State of Maryland and acquitted of murder; but found guilty of manslaughter, and is now detained in jail for costs, which amount to about 24 pounds, which sum must be discharged by the public or he will be sold to refund the expence. This I am convinced would be a real injury to the service; besides it will cost much more than that sum to procure a man in his stead to serve during the war--
I beg leave therefore to submit to the consideration of Congress the propriety of passing the following resolve.
Whereas Fortune Stoddard a soldier in the army of the United States has been tried and punished by the civil authority of the State of Maryland for an offence against the laws of that State and is now kept in custody for the fees,
Resolved, That the Executive of the State of Maryland be requested to discharge the said Fortune Stoddard from his confinement and charge the United States with the fees, and that the amount of the said fees be charged by the United States to the State of Rhode Island.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folios 567--570.]
Resolved, That the executive authority of the State of Maryland be requested to discharge from confinement Fortune Stoddard, a soldier belonging to the Rhode Island regiment, confined for costs accrued in a late prosecution, and charge such costs to the United States, transmitting to the Secretary at War the account thereof, in order that the same may be charged to the said soldier, and deducted out of his pay.
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