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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 --MONDAY, FEBRUARY 25, 1782.
Mr. Samuel Wharton, a delegate for the State of Delaware, attended, and took his seat.
On the second reading of "an Ordinance for amending the Ordinance, ascertaining what captures on water shall be lawful"; which was reported by a committee consisting of Mr. [Thomas] McKean, Mr. [George] Clymer, Mr. [William] Ellery, to whom was referred a memorial of the merchants and traders of Philadelphia:
The following paragraph being under debate, viz.
"That no ship or other vessel which shall have sailed from any port or place in Europe, not belonging to the king of Great Britain, on or before the -- next for any port or place within the United States, not in possession of the enemy, shall be liable to capture or molestation merely for having
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on board goods, wares, or merchandize of the growth, product, or manufacture of Great Britain, or of any territory depending thereon."
A motion was made by Mr. [Joseph] Montgomery, seconded by Mr. [George] Partridge, that the blank be filled with the words, "first day of May,"
On which the yeas and nays being required by Mr. [Joseph] Montgomery,
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So it passed in the negative.
A motion was made by Mr. [William] Ellery, seconded by Mr. [Oliver] Wolcott, that the blank be filled up with the words "fourteenth day of April:"
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On which the yeas and nays being required by Mr. [William] Ellery,
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So it passed in the negative.
A motion was made by Mr. [Edmund] Randolph, seconded by Mr. Middleton to strike out the following clause in the said ordinance, viz.
"That where vessels, their cargoes or any part thereof belonging to any citizen of these United States, sailing or being within the body of a county, or within any river or arm of the sea, or within cannon shot of the shore, shall be captured by the enemy, and shall be recaptured below highwater mark by another citizen thereof, restitution shall be made to the former owner upon the payment of a reasonable salvage, not exceeding one-fourth part of the value, no regard being had to the time of possession of the enemy."
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And on the question, shall the clause stand ? the yeas and nays being required by Mr. [Thomas] McKean,
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So it passed in the negative.
The second reading being gone through,
Ordered, That the Ordinance be read a third time to-morrow.1
[Note 1: 1 On this or an approximate date, was read a letter, of the 25th from Baron d'Arendt. It is in the Papers of the Continental Congress, No. 78, VII, folio 449.
On this date, according to the indorsement, was read a letter of the same date, from General Washington. It is in No. 152, X, folio 467.]
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