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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 --WEDNESDAY, FEBRUARY 5, 1783
On motion of Mr. [Theodorick] Bland, seconded by Mr. [Ralph] Izard,
Resolved, That it be a rule of this house, that in a Committee of the Whole, the vote on every question which shall come before the Committee of the Whole, shall be taken by states. And that a majority of the states then present shall determine every such question.1
[Note 1: 1 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 36, II, folio 17.]
Congress was resolved into a committee of the whole, and after some time, the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee had taken under their farther consideration the several matters referred to them, and have come to sundry resolutions which he was ordered to report; but that the committee, not having come to a conclusion, desire leave to sit again:
Ordered, That the committee have leave to sit again.
The resolutions reported from the committee of the whole being received and read:
Ordered, That they be taken into consideration to-morrow.
The Committee [Mr. John Rutledge, Mr. James Madison, Mr. James Wilson] appointed %o meet a Committee of the assembly of Pennsylvania and hear a representation of doubts arisen on the construction of the ordinance of the 5th April, 1781, touching the persons that are to constitute the Court of Admiralty established by that ordinance, report, that they have accordingly met the committee of the assembly of Pennsylvania, and heard their representation of the doubt which has arisen in that assembly, on the Construction of the ordinance above mentioned, which doubt is, whether it is not necessary according to the said ordinance, that a Judge of the Court of Admiralty in the State, where the Court mentioned by the said ordinance is held, should not be one of the Judges of the said Court, or whether it may be holden by the judges of the Court of Common Law in such State, or any two of them without a Judge of the Court of Admiralty of such State.
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An ordinance to explain an ordinance entitled "an ordinance &c."
Whereas in and by an ordinance entitled an ordinance &c passed the 5th Day of April, 1781, the justices of the supreme or superior courts of Judicature. and judge of he Court of Admiralty of the several and respective states, or any two or more of them are constituted and appointed judges for hearing and trying the offences in the said ordinance mentioned, be it ordered and it is hereby ordered by the U. S. in Congress assembled and by the authority of the same that the judge of the Court of Admiralty in the State where the trial of offenders mentioned in the said ordinance is to be had and in case there shall be several judges of such court one of them to be commissioned by the supreme executive power of such State.1
[Note 1: 1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 20, II, folio 113. According to the indorsement it was recommitted this day "to report what is proper to be done." According to the record in Committee Books No. 186 and No. 191, Mr. [Richard] Peters was appointed on the committee in place of Wilson, and a report was delivered March 3. The resolution of the Pennsylvania General Assembly is on folio 111.]
The Committee [Mr. Hugh Williamson, Mr. John Montgomery, Mr. Philemon Dickinson, Mr. Eliphalet Dyer and Mr. Silas Condiet] to whom was refer'd the letter of the Post Master respecting a guard for the mail between Morris Town and Fishkill beg leave to submit the following Report,
That when it shall appear by representations of the Commander in Chief Post master general or otherwise that the public mail is in danger from the Enemy, Congress will take the necessary measures for appointing a sufficient guard.2
[Note 2: 2 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 61, folio 139. The letter of Ebenezer Hazard, Post Master General, dated February 3, is in folio 135. The indorsement says it was read February 4. This report was probably presented this day. The committee appointment is entered in Committee Book No. 186, under date of February 4, but there is no record there of the report.]
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