Minutes of a Joint Meeting page 10

On the 20th day of November 1776 I was appointed a Lieutenant Colonel in the new Jersey Line, Agreeable to the resolutions of Congress for establishing the Army during the War.

Ibid page 31

On the 10th day of June 1779 I was, by the State of New Jersey, appointed Chief Justice of that State.

On the 2nd day of July 1779 I left the Army on an unlimited furlough from General Sullivan, then commanding a separate department.

I have never made any Resignation of my Office of Lieutenant Colonel, nor have been called upon to join any regiment since receiving of the said furlough, nor have any measures been taken to put a period to the same.

Ibid page 34

On the 7th day of March 1780 the Legislature of New Jersey appointed John [Coniray?] Lieutenant Colonel in the Jersey Brigade, setting forth "that Lieut. Colonel David [Brearley] had accepted the office of Chief Justice" tho' they do not go so far as to say that he was appointed in my place.


Journals of Congress
Vol. 8 pages 350.403
Vol. 4 page 32
Vol 5 page 272

Congress have by funding resolutions authorized the States to appoint Officers and fill up the vacancies in their respective lines; but have in no instance that I can discern empowered