| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THURSDAY, MARCH 7, 1782
On a report of a committee, consisting of Mr. [Arthur] Lee, Mr. [Richard] Law and Mr. [John Morin] Scott, to whom were referred two letters from the secretary for foreign affairs, enclosing a memorial from the honorable the minister of France and sundry papers relative to the case of the ship Resolution's cargo, part of which was adjudged lawful prize by the sentence of the court of appeals; and the case of the brig Eersten and her cargo, which was also adjudged lawful prize, by the said court:
Page 117 | Page image
The Committee to whom were referred a letter of the 21st from the Secretary for Foreign affairs, together with a memoire from the Minister of France, and a letter of the Marquis de Boullie, with a memorial from the Legislature of Dominique, all relating to the ship Resolution, part of whose cargo has been condemned in the Court of Admiralty of Appeals and of the vessel Eersten, which with her Cargo, was condemned in the same Court upon mature deliberation are of opinion and therefore, Report,
That the allegations in the said papers if true are a sufficient ground for a reheating in each cause. But as it neither appears nor is alledged that a reheating has in either of them been moved for in the said Court, and refused to the Complainants, which the Committee conceive to be the due course of law, they are of opinion that the supreme intervention of Congress would be premature; yet as the Court of Appeals is not now sitting, they are of opinion, that the officers of the Court of appeals should be ordered to suspend any farther proceedings on the condemnations aforesaid, till the setting of the Court of appeals, shall afford the complainants an opportunity of applying for a rehearing in the due course of law.
The Committee therefore recommend the following resolution:
Resolved, That the officers of the Courts of Admiralty or appeals be and are hereby ordered to suspend any proceedings for the sale of the condemned part of the Cargo of the ship Resolution, and of the vessel Eersten and her Cargo, if the same has not be made, or in the payment of the proceeds that may have arisen from such sales, in case the same shall have been made, till farther order from the Judges of the said Courts?1
[Note 1: 1 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 25, II, folio 85. According to Committee Books Nos. 186 and 191, a letter of February 21 from the Secretary for foreign affairs, enclosing memorial and papers from the Minister of France, was on the same day referred to Messrs. Lee, Law, and Scott. Their report was delivered February 25 and recommitted. On March 1, a letter of February 28 from the Secretary, enclosing a memorial from Capt. Thompson of the Brig Eersten, was referred to the same committee.
The following, in the writing of John Morin Scott, is in No. 25, II, 87:
[Draft of Report of Recommitment of the case of part of the Cargo of the Ship Resolution, and of the Ship Eersten and her Cargo.]
Your Committee to whom were referred the letter of the Secretary for Foreign Affairs of the 21st of February last and the Memoire of the Minister of France and the other papers attending the same, relating to part of the Cargo of the Ship Resolution, which was sentenced as prize in the Court of appeals in the admiralty of these United States, and to the Ship Eersten and her Cargo in like manner sentenced by the said Court, having reconsidered the said letter and other papers recommitted to them beg leave to Report,
That it is unusual for the Sovereign Power in any State judicially to controul the established Courts of Justice or reverse their acts and judgements. That this observation appears to this Committee to be conclusive against the judicial authority either in the by the supreme power in matters of marine tho' by the 9th Article of [Manuscript torn] the United States in have the sole and exclusive establishing rules for Cases what captures on be legal, and of establishing Courts for receiving and determining finally "appeals in all cases of Captures. Yet that the United States in Congress assembled, have not by that or any other article of confederation any judicial, but only a Legislative authority in causes of prize.
That tho' Congress have by virtue of the said 9th article, established and organized such Court of appeals as is therein mentioned, yet there appears to the Committee a manifest defect in its constitution, arising from its long adjournments and the distant residence of the Judges from each other. In consequences whereof in most cases great delays and in many a total denial of Justice may take place for want of authority in a single judge out of Court to do certain interlocutory Acts, for furtherance of the respective Rights of the contending parties. And altho' also Congress will probably soon form some General legislative establishment to remedy the aforesaid evil, yet as the same may take effect too late to administer a remedy in the cases referred to this Committee, they therefore beg leave to recommend the following special Legislative provision in those cases to wit;
Resolved, That in the cases of a part of a Cargo of the Ship Resolution, and of the Ship Eersten and her cargo, wherein respectively sentence of condemnation Recommitted. hath passed in the Court of appeals in the Admiralty of these United States, either of the Judges of the said Court may and shall on due application made to him for that purpose take the necessary order for stay of execution of the said sentences, respectively, until further order therein respectively he made by the said Court of appeals.]
Page 118 | Page image
Resolved, That where sentence hath been or shall be given in the court of appeals, it shall be lawful for any one of the said court in his discretion upon new matter shewn, to stay execution so long as may seem necessary, not exceeding the 1st day of their next session.1
[Note 1: 1 This resolution, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 25, II, folio 89.]
The Committee to whom was referred the letter of Timothy Pickering Esqr, Quarter Master General, with the letters and papers enclosed, requesting an augmentation of pay and other allowances to be made to the officers in the Quarter Master's Department, beg leave to report the following Resolutions.
Page 119 | Page image
Resolved, That it is inexpedient to make any addition to the pay or subsistence of the officers in the Quarter Master's Department.
Resolved, That in consideration of the business of Quarter Master General being considerably lessened by the present mode of supplying the Army in General by Contract, the pay and subsistence of the Quarter Master General be reduced to the pay and allowance of a Brigadier General.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 19, V, folio 169. According to the indorsement it was read this day, the committee being [Ezekiel] Cornell, [Abraham] Clark and [Joseph] Montgomery. it was referred to [Thomas] McKean, [Ezekiel] Cornell and [Isaac] Motte.]
The Committee of the Week, [Mr. Thomas Smith, Mr. Samuel Wharton, Mr. Silas Condict] report that the letter Negatived of Colo. Laumoy and other officers respecting fire wood be referred to the Secretary at War to report.
That the memorial of Colo. James Livingston be Passed referred to the Secy at War.
That the Memorial of Isaac Serril be referred to Committed the Superintendant of Finance.2
[Note 2: 2 This report, in the writing of Thomas Smith, is in the Papers of the Continental Congress, No. 32, folio 329. The indorsement shows that it was acted on this day.
The memorial of James Livingston is in No. 41, V, folio 246, and is undated.]
The Committee of the Week report, That the memorial of Dr. Noel lie on the table, Congress having on the 7th of Novr. 1777, settled with and discharged the said memorialist from their service.3
[Note 3: 3 This report, in the writing of Silas Condict, is in the Papers of the Continental Congress, No. 32, folio 331. The indorsement states that it was passed. It is undated. but belongs to this period. The memorial of Dr N. Noel, dated Philadelphia, March 2, is in No. 41, VII, folio 79.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |