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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, JANUARY 21, 1784.
Congress assembled: Present, Massachusetts, Rhode Island, Connecticut, Pensylvania, Maryland, Virginia and North Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Triton, and from South Carolina, Mr. [Richard] Beresford.
The committee, consisting of Mr. [William] Ellery, Mr. Edward] Hand, Mr. [Richard Dobbs] Spaight, Mr. [Thomas] Jefferson and Mr. [Arthur] Lee, to whom was referred a letter of the 6th November, from the legislature of New Hampshire, respecting the proceedings and sentence of the court of appeals in cases of capture, on the case of the ship Lusannah, having delivered in a report, the same was called for; Whereupon,
A motion was made by Mr. [David] Howell, seconded by Mr. [William] Ellery,
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That the report be postponed till the State of New Hampshire, whose interests are thereby materially affected, shall be represented in Congress. The report being as follows:
Your committee find, that by a resolution of Congress of November 25, 1775, it was recommended to the legislatures of the several states, to erect courts for determining the cases of captures from the enemy on the high seas; and it was declared, that in all cases, an appeal should be allowed to Congress, or such persons as they should appoint for the trial of appeals.
That this resolution was complied with by the several states, some of them ceding appeals to Congress on a larger, and some on a more contracted scale; and New Hampshire particularly, by their act of assembly of 1776, allowing them only in cases of captures by armed vessels fitted out at the charge of the United States, and reserving the appeal in all other cases to the supreme court of their own State. That the course of Congress was, to appoint a committee, for the trial of every special appeal, till the 30th day of January, 1777, when a standing committee was appointed to hear and determine appeals, from the courts of admiralty in the respective states. That the brigantine McClary, a private armed vessel, owned by John Penhallow and others, citizens of New Hampshire, captured on the high seas, in the month of November, 1777, the brigantine Lusannah, the subject of the present question, carried her into Piscataqua, in the State of New Hampshire, and libelled her before the maritime court of the said State, whereon the said vessel and cargo were by the said court condemned.
That the claimants, Elisha Doane, and others, prayed an appeal to Congress, which being refused, they appealed to the supreme court of New Hampshire, where the sentence being confirmed, they again prayed an appeal to Congress,
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which was refused, and the sentence carried into effect, by a sale and distribution of the vessel and cargo.
That on the 9th day of October, 1778, the said Elisha Doane petitioned Congress for a revision of the said sentence, which petition being referred to the committee of appeals, they, in May, 1779, summoned the libellants to appear before them in defence of their right.
That on the 22d of the same month, Congress resolved, that certain resolutions of theirs, of March 6th, 1779, relative to their controul over all jurisdictions in cases of capture on the high seas, should be transmitted to the several states, and they be respectively requested to take effectual measures for conforming therewith. That they were accordingly transmitted to the State of New Hampshire, the legislature whereof, by their act of November, 1779, extended the license of appeal to Congress, to every case wherein any subject of any foreign nation in amity with the United States, should be interested in the dispute, and allowed it no further. That in May, 1780, a court of appeals was established by Congress, with jurisdiction over all matters respecting appeals in cases of capture, then depending before Congress, or the commissioners of appeals, consisting of members of Congress. That all these transactions were prior to the completion of the Confederation, which took place on the 1st day of March, 1781. That on the 17th of September, 1783, the court of appeals proceeded to consider the case of the said Elisha Doane and others, against the brigantine Lusannah, John Penhallow, libellant, and to reverse the said sentence passed by the inferior and superior courts of New Hampshire. Whereupon, your committee have come to the following resolution:
Resolved, That the said capture having been made by citizens of New Hampshire, carried in and submitted to the jurisdiction of that State, before the completion of the Confederation,
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while appeals to Congress in such cases were absolutely refused by their legislature, neither Congress, nor any persons deriving authority from them, had jurisdiction in the said case.
On the question for postponing as above, the yeas and nays being required by Mr. [Abiel] Foster,
{table}
So it passed in the negative.]1
[Note 1: 1 The part in brackets was entered in the Journal by Henry Remsen, Jun.]
After farther debate on the report, an adjournment was called for and agreed to.
The committee [Mr. John Beatty, Mr. Roger Sherman and Mr. James Monroe] to whom was referred the letter from the Superintendent of Finance of the 6th January, covering a letter from S. Hodgdon Commissary of Military stores, report,
That the demands of the iron master, together with the disposition of the shot and shells, as stated in S. Hodgdon's letter, be referred to the Superintendent of Finance to take order.2
[Note 2: 2 This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, IV, folio 423. The indorsement states that it was read on this day and: "to be filed an order having been given not to sell shot or shells without a special order of Congress." The letter of the Superintendent of Finance is in No. 137, III, folio 403.
Also, a letter of December 25, 1783, Boston, from John Allan was read and referred to Mr. [Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Hugh] Williamson.
It is No. 58, folio 63. According to Committee Book, No. 186, the committee reported on January 26.
Also, a letter of January 12, 1784, Philadelphia, from Eben Hazard. It is in No. folio 165.
also, a letter of January 14, 1784, Philadelphia, from Eben Hazard. it is in No. 61, folio 169.
Also, a letter of January 4, 1784, Trenton, from George Davis. It is in No. 78, VIII, folio 51.]
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