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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 --FRIDAY, OCTOBER 29, 1779
A memorial from Major Widdersheime was read:
Ordered, That it be referred to the Marine Committee, and that they provide Major Widdersheime with a passage to Europe by the first opportunity.
Mr. [John] Dickinson, a delegate from Delaware, laid before Congress a letter, of 27, from the president of that State, which was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 70, folio 715.]
Ordered, That it be referred to the Board of Treasury.
The Committee on the Treasury, to whom was referred the application of Susannah Hotchkiss, brought in a report; Whereupon,
Resolved, That John Lawrence, Esq. commissioner of the continental loan office for the State of Connecticut, be and he is hereby directed to pay unto the executor, or administrator of John Hotchkiss, deceased, the sum of two hundred and seventy dollars, in exchange for that sum deposited by the said John Hotchkiss in his lifetime in the said loan office, in continental bills of credit, of the emissions of May 20, 1777 and April 11, 1778, to be in full for the certificates given by the said loan officer to the said John Hotchkiss; it being represented that the said certificates were in the pocket of the said John Hotchkiss, when he was killed in battle against the enemy, and that the same have not since been found.3
[Note 3: 3 This report, dated October 27, is in the Papers of the Continental Congress, No. 136, III, folio 761.]
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The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the Thomas Smith, Esq. commissioner of the continental loan office for the State of Pensylvania, in favour of Colonel Isaac Melcher, barrack master general, upon his application approved by the Board of War, for two hundred thousand dollars in certificates, and two hundred thousand dollars in bills of credit, for the use of his department; for which sums, amounting to four hundred thousand dollars, he is to be accountable.
Resolved, That a warrant issue on the Treasurer in favour of the Honorable Henry Laurens and [John] Matthews Esquires, DelegatesNegativedfor the State of South Carolina, upon their application for four hundred and fifty dollars for -- Downes, adjutant in the service of the said State; for which sum the said State is to be accountable.1
[Note 1: 1 This report, dated October 28, is in the Papers of the Continental Congress, No. 136, III, folio 765.]
The committee appointed to prepare a plan for the establishment of courts of appeals for determining captures on water, brought in a report, which was read:
The Committee appointed to report a plan for establishing one or more Courts of Appeals, for finally determining captures on water, beg leave to report and submit the following plan:
That these United States be divided into four districts.
That New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, and Connecticut be one District, and called the Eastern District.
That New York, New Jersey and Pennsylvania, be a District, and called the Northern District.
That Delaware, Maryland, and Virginia, be a District, and called the Middle District.
That North Carolina, South Carolina and Georgia, be a District, and called the Southern District.
That a Court of Appeals be established in each District for the trial of all appeals from the Admiralty Courts in such District.
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That there be two sets of Judges, each set to consist of three persons, learned in the law, who shall be commissioned by Congress during good behaviour, and sworn to execute the office of Judge faithfully and impartially.
That one set of the said Judges shall act in both the courts in the Eastern and Northern Districts; and any two of them in the absence of the third, shall be authorized to hold the said Courts; and that the said Judges shall be stiled, Judges of the Courts of Appeal for the Eastern and Northern Districts.
That the other set of Judges shall act in both the Courts in the middle and Southern Districts; and any two of them in the absence of the third be empowered to hold the said Courts; and the said Judges shall be stiled, Judges of the Courts of Appeal for the Middle and Southern Districts.
That the said Courts of Appeal be held once in every year or oftener, as circumstances shall direct:
That the Judges shall respectively determine the times and places for the sitting of the said Courts of Appeal in the said Districts, and shall give public notice thereof.
That the said Judges be authorized to appoint Registers and Marshals for their respective Courts, and such other officers as are proper and incident to such Courts, and the same to remove at Pleasure.
That the said Courts of Appeal have all the powers of a Court of record in fining and imprisoning for contempts and disobedience. That the Judges of the Courts of Admiralty, and all officers of the said courts, pay obedience to the decrees and orders of the Courts of Appeal, under pain of being guilty of a contempt, and subject to be imprisoned.
That an Appeal be allowed in all cases of Captures on water, except such in which the Party who prays an appeal be a subject or inhabitant of the State where the trial was had in the Court of Admiralty, and prays the same in his own right, and not on Behalf of said foreigner or subject of another State.
That no appeal be granted unless demanded within five days after definitive sentence, and lodged with the Register of the Court of Appeals for the District in which the Trial was had within thirty days afterwards.
That the Judges of the said Court of Appeals be allowed their Itinerant charges, and each of them the annual sum of pounds current money.
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That the said Judges be authorized to make such allowances for their Registers and Marshals and other necessary officers, if any, as they shall think reasonable.
That all fines imposed by the Court of Appeals shall be collected by the Registers and paid into the Continental Treasury.
That all appeals be heard and determined according to the Civil Law, the law of nations and the usage and practice of the Courts of Admiralty in Europe.
That the jurisdiction of the Court of Admiralty established in the several States so far as it relates to captures on waters, be subject only to the controul of the Courts of Appeal, except in such cases in which no appeal is given to such Courts of Appeal.
That the trial of all Captures in the Court of Admiralty be according to the antient and common mode of proceeding, and not by a Jury.
That the Judges of the Courts of Admiralty in the several States shall order and direct all captures to be inventoried and appraised, in current money and according to current prices; which inventory and appraisement shall be fried in the said Court.
That the definitive sentence or decree of any of the said Courts of Admiralty shall be carried fully into execution, notwithstanding an appeal may be pray'd for, and granted; Provided the party who Appeals is not a subject or Inhabitant of any of the United States; and provided also that the party in whose favor the definitive sentence or decree is passed, shall procure such good and sufficient sureties, residents in the State where the said definitive sentence or decree is given as the Court of Admiralty shall approve, to enter into a recognizance before the said Court, in penalty double the sum of the Inventory and appraisement of the Capture; on condition to pay in current money to the party who appeals the value of such right and interest in the said Capture; and also all such costs as the Court of Appeals shall adjudge or decree to appertain and belong to the appellant; the said value to be ascertained by the inventory and appraisement of the capture.
That such recognizance be considered in the nature of a statute staple, and have the like legal effect and Operation.
That if the appellant obtains a decree in his favor, and the appellee, his surety or sureties, do not within thirty days, after such decree pay the said appellant in current money, the value of such right and interest in the capture as may be adjudged and decreed to the appellant, of which decree and the time of its passing the appellee shall be presumed to have notice, the Judge of the Court of Admiralty which
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took the recognizance shall, on the appellants producing an authenticated copy of the decree in the Court of Appeals and the bill of costs and demanding that it be enforced, indorse on the said recognizance the value in money of the right and interest adjudged and decreed to the appellant and also the costs, ascertaining the value as aforesaid by the inventory and appraisement of the capture, and shall transmit such recognizance and indorsement to any competent court of record in the State in which the said Court of Admiralty is established, as the appellant or his Council shall direct; which Court shall receive and record the same, and issue thereupon such process as may be required and is usual to enforce a statute staple, and proceed therein till the appellant shall obtain full satisfaction for the penalty of the said recognizance; Provided, nevertheless, that if the Conusors, on or before the issuing of said process or notice thereof, shall come into Court and pay the money and costs endorsed on the said recognizance, and all such additional expence and damages by way of interest as the said Court shall adjudge; that then the said Conusors shall be discharged from the said recognizance and from all process thereon if any should be issued.
That in all cases of captures, all exhibits evidence and proceedings be in writing, and at full length.
That in all eases where the Courts of Appeal or Courts of Admiralty shall adjudge an imprisonment, the commitment shall be the jail of that Township or County of the State in which the court was held that adjudged the imprisonment?1
[Note 1: 1 This report, in the writing of William Paca, is in the Papers of the Continental Congress, No. 36, I, folio 37--47.]
Ordered, That the same be taken into consideration on Monday, the 8th day of November next, and that in the mean time, a number of copies be printed for the use of the members.
According to order, Congress took into consideration the report of the committee on the memorial of George Morgan, and the petition of William Trent:
After debate, a motion was made by Mr. [James] Mercer, seconded by Mr. [Gouverneur] Morris, that the report be re-committed.
On which the yeas and nays were required by Mr. [Cyrus] Griffin, the report being as follows:
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The committee to whom were referred the memorial of G. Morgan and the petition of W. Trent, beg leave to report, that they have read over and considered the state of facts given in by the delegates of Virginia, and cannot find any such distinction between the question of the jurisdiction of Congress, and the merits of the cause, as to recommend any decision upon the first separately from the last; that they recommend to Congress the following resolution, that, considering the present incomplete state of the confederation, it be recommended to the State of Virginia, and every other State in similar circumstances, to suspend the sale, grant, or settlement of any land unappropriated at the time of the declaration of independence, until the conclusion of the war.1
[Note 1: 1 This report, in the writing of Samuel Atlee, is in the Papers of the Continental Congress, No. 19, IV, folio 129.]
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So it passed in the negative.
Adjourned to 10 o'Clock to morrow.
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