The proceedings of the Honorable Navy Board as exhibited in the foregoing minutes of this Court being unprecedented, illegal and injurious___ In justice to myself, and every other Continental Officer, I protest against G. proceedings; least in any future court martial, the present should be adduced as a precedent.
It is unprecedented for any authoritative body after they have issued a Warrant for a Court Martial (in consequence of which G. Court had conven’d) to deliver to G. Court a Requisition, directing them to adjourn to a distant day; or even at all___ The Requisition bearing Date antecedent to the Meeting of G. Court makes it still more extraordinary.
Illegal, as it’s a right inherent, and indefeasible in every Court to regulate their own Adjournments from time to time without control from any authoritative body. Every idea of justice, equity, and liberty much vanish, when courts legally authorized are to be threatened with a dissolution should they not comport with the ideas of the prosecution.
Injurious, because it deprives me (and would every other person in similar circumstances) of most of my evidences, who are Captains of vessels; and before the Court meets in consequence of their Adjournment, will be at sea___ Their depositions cannot be taken, for this very reason___ As there is no particular charge, against me, I know not what stage of my command will be call’d in question; of course cannot defend my Character by their Depositions
Sept.r 17, 1779 D Saltonstall
A true copy of the original, examined
Gib. Saltonstall
Protest against the
Proceedings of the
Navy Board
Sept.r 17, 1779