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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 --SATURDAY, APRIL 24, 1779
A letter, of 7, from John Irwin, deputy commissary general of issues at Fort Pitt was read, inclosing an account:
Ordered, That it be referred to the Board of War.
A letter, of 20, from John Lawrance, judge advocate general, was read:
Ordered, That it be referred to the Board of Treasury. A memorial from Samuel Carruthers was read:
Ordered, To lie on the table.
A memorial from Gideon Olmstead, Artemas White, and Aquila Ramsdale, claimants of the sloopActive, was read;1Whereupon,
[Note 1: 1 Lawrance's letter is in thePapers of the Continental Congress, No. 78, XIV, folio 26; the memorial Carruthers, in No. 43, folio 59; and the memorial of Olmstead, dated April 9, in No. 42, VII, folio 251.]
Congress resumed the consideration of the report of the committee appointed to confer with a committee of the general assembly of Pensylvania, relative to the sloopActive, After debate,
A motion was made by Mr. [Thomas] Burke, seconded by Mr. R[ichard] H[enry] Lee, that the farther consideration thereof be postponed. To which, it was moved by Mr. [James] Searle, seconded by Mr. [Thomas] Burke, to add until the 15 September next.
Question put on the amendment:
Passed in the affirmative.
On the question to agree to the motion as amended, the yeas and nays being required by Mr. [John] Jay,
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So it was resolved in the affirmative.
A memorial from the honble Sr Gérard, minister plenipotentiary of France, with a paper enclosed relative to two Spanish vessels captured by an American privateer and carried into the State of Massachusetts bay;
Also a letter from Mr. Holker, relative to a suit commenced by Messrs. de la Neuville et la Nos against Captain Douglass, commander of the privateer schooner,The Hunter, were read:
Ordered, That they be referred to the Committee on Appeals, and that the Committee be instructed to prepare a system of regulations for marine jurisdiction.
The Committee on Appeals to whom was referred the Memorial of the 24th. of April last from the Minister of France, upon the representation of Don Juan De Miralles respecting two Spanish ships captured by two American Privateers, and carried into Newberry and Beverley in Massachusetts Bay; and also the Memorial and papers thereunto annexed from Joseph De Llano and Joachin Luca, Masters of the said two Spanish ships, report:
That by the law of Massachusetts Bay, appeals from their maritime courts to Congress are allowed only in cases, in which vessels in the
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service of the United States are concerned, and that all other maritime causes arising within the said State, are finally to be determined in a Court of Appeal in the State.
That the cases of the said two Spanish ships are not triable on appeal before Congress, but are now pending in the proper court for trial thereof in the State of Massachusetts Bay, according to the law of that state, and the Congress cannot interfere in its administration of justice in the premises.
That it is of the highest importance to the welfare and interests of these United States, that there be an uniform and equal administration of maritime law within the said states, and therefore the Committee on Appeals submit to the consideration of Congress, the following resolution:
Whereas, on the sixth of March last it was resolved, that Congress is by these United States invested with the Supreme Sovereign Power of War and Peace: that the Power of executing the Law of Nations is essential to the Sovereign Supreme Power of War and Peace: that the legality of all captures, on the high seas must be determined by the Law of Nations: that the authority ultimately and finally to decide on all matters and questions touching the law of nations does reside and is vested in the Sovereign Supreme Power of War and Peace: that a controul by appeal is necessary in order to compel a just and uniform execution of the Law of Nations: that the said controul must extend as well over the decisions of Juries as Judges in Courts for determining the legality of captures on the seas, otherwise the Juries would he possessed of the ultimate Supreme Power of executing the law of nations in all cases of captures, and might at any time exercise the same in such manner, as to prevent a possibility of being controuled, a construction which involves many inconveniencies and absurdities, destroys an essential part of the power of war and peace intrusted to Congress, and would disable the Congress of the United States from giving satisfaction to foreign Nations complaining of a violation of neutralities, of treaties, or other breaches of the law of nations, and would enable a Jury in any one State, to involve the United States in hostilities, a construction, which for these and many other reasons is inadmissible: And whereas in the Articles of Confederation heretofore laid before the several United States, provision is made for a proper administration of law in cases of capture on the high seas, but by reason that only twelve of the said United States, have ratified the said articles, the said provision
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remains without effect: And, whereas it is absolutely necessary, as well for the tranquility of the citizens of the several states, as for the satisfaction of Foreign Powers, that the said provision should be without delay carried into full effect; Wherefore,
Resolved, That it be recommended to each of the United States, that a law be enacted vesting in the Congress of the United States the powers specked in the said provision; to wit, That "the United States in Congress assembled shall have the sole and exclusive right and power of establishing rules for deciding in all cases what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated, appointing Courts for the Trial of Piracies and Felonies committed on the high seas and establishing Courts for receiving and determining finally appeals in all cases of captures; Provided, that no Member of Congress shall be appointed a Judge of any of the said Courts."1
[Note 1: 1 This report, in the writing of William Henry Drayton, is in thePapers of the Continental Congress, No. 29, folio 371.]
The Board of War to whom was referred the petition of Colonel Van Cortlandt and Colonel Gansevoort, report that the same be referred to General Washington, who will proceed in the settlement of the rank of these officers in the mode pursued in similar cases.
Resolved, That Congress agree to the said report.
Ordered, That so much of the report of the Board of War as relates to George Ewing, commissary of hides, be recommitted.
Adjourned to 10 oClock on Monday.
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