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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 --TUESDAY, MARCH 4, 1783
A motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [William] Floyd:
"Whereas in the opinion of Congress, it is essential to those principles of justice and liberality, which ought to govern the intercourse between these states, that in the final adjustment of accounts for the supplies or contributions of the states respectively, towards the common expences in the course of the war, equitable allowances should be made in favor of those states, parts of which have been at different periods in possession of the enemy: and whereas the strict application of the rule prescribed by the 8 Article of the Confederation, as declared by the resolution of the 17 of February, would operate greatly to the injury prejudice of such states, and to the calamities of war, add an undue proportion of the public burthen,
Resolved, That Congress will, in the application of the said rule, make such abatements in favour of the said states, as from a full consideration of circumstances shall appear to them just and equitable, for the time the said parts of the said states may have been in possession of the enemy."1
[Note 1: 1 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 36, II, folio 43. The two subsequent motions and votes are indorsed on this motion by Thomson.]
A motion was made by Mr. [Abraham] Clark, seconded by Mr. [Phillips] White, that the consideration of the foregoing motion be postponed:
And on the question for postponing, the yeas and nays being required by Mr. [Alexander] Hamilton,
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So the question was lost.
On the question to agree to the first motion, the yeas and nays being required by Mr. [Alexander] Hamilton,
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So it passed in the negative.
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According to order, the ordinance was read a third time, and passed as follows:
An Ordinance to amend an ordinance, entitled "An Ordinance for establishing
courts for the trial of piracies and felonies committed on the high seas"
Be it ordained by the United States in Congress assembled, and by the authority of the same, that the Judge of the Court of Admiralty, or, in case there shall be several judges of the said court in the state where the trials hereafter mentioned are to be had, any one of such judges, to be commissionated for that purpose by the supreme executive power of such State, and the justices of the supreme or superior court of judicature of the several and respective states, or any two, or more, of them, (of whom the said Judge of the Admiralty shall always be one), the justices of the supreme or superior court of judicature, and the judge of the admiralty, or any two or moro of them, including the judge of the admiralty in the several and respective states; or in case there shall be several judges of the admiralty in a state, the justices of the supreme or superior court of judicature, and a judge of the admiralty to be commissioned for that purpose by the executive power of such state, or any two of them including a judge of the admiralty, are hereby constituted and appointed a court for hearing and trig all offenders who, in and by an Ordinance, entitled "An Ordnance for establishing coats for the trial of piracies and felonies courted on the high seas," passed the 5 day of April, 1781, are triable before the justices of the supreme or superior court of judicature and judge of the court of admiralty of the several and respective states, or any two or more of them; prodded that nothing herein contained shall extend to prosecutions already commenced, which shall be determined in the same manner as if this ordinance had never been made.
Done, &c.1
[Note 1: 1 The draft of this ordinance, in the writing of John Rutledge, is in the Papers of the Continual Congress, No. 59, III, folios 423 and 425.
On this day, according to the indorsement, was read a letter of February 25, from Governor Clinton to the delegates from New York, relative to the usurped government of the New Hampshire Grants, with enclosures. It is in No. 40, II, folio 373, and was referred to Mr. [Daniel] Carroll, Mr. [Nathaniel] Gorham, Mr. [Arthur] Lee, Mr. [John Taylor] Gilman, and Mr. [Oliver] Wolcott. According to Committee Book No. 186, the committee was renewed April 28, Mr. [Phillips] White and Mr. [John Francis] Mercer replacing Gilman and Wolcott. See post, May 26.
Also on this day, according to the indorsement, a letter of March 3 from the Secretary at War, enclosing "some observations on the general military system of the United States" and the establishment of magazines and academes, was read, and referred to Mr. [Thomas] Mifflin, Mr. [Theodorick] Bland, and Mr. [Alexander] Hamilton. It is in No. 38, folio 283. According to Committee Book No. 186, the committee was discharged April 28, "and the business referred to Committee of 4 April on Peace Arrangements."]
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