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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 --FRIDAY, JULY 1, 1785.
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, South Carolina and Georgia; and from the state of New Hampshire, Mr. [Pierse] Long; from Rhode Island, Mr. [William] Ellery, and from Maryland, Mr. [William] Hindman.
On the report of a committee, consisting of Mr. [William] Ellery, Mr. [James] McHenry, and Mr. [Abiel] Foster, to whom was referred a letter of the 13 of June, from the board of treasury, with a letter of the 7th June, from the Sieur de Marbois,
Resolved, That the letter of the board of treasury of the 13th of June, and the letter it enclosed from the Sieur de Marbois, respecting the payment of the pension of Captain Beaulieu, be returned to the said board, and that they pay the said pension where they shall judge expedient.
The committee, consisting of Mr. [Charles] Pinckney, Mr. R.R.Livingston, Mr. [Rufus] King, Mr. [James] Monroe and Mr. [William Samuel] Johnson, to whom were referred a letter of the 23 of December, from the honble. Cyrus Griffin and John Lowell, esquires, judges of the court of appeals, and a motion of Mr. [David] Howell, to whom also were referred a petition of Joseph Ellis, praying a rehearing in the case of the sloop Hannah, condemned in the court of admiralty, in the state of New Jersey, a reversal of which decree was obtained before the judges of Appeal; also a report of the Secretary for foreign affairs in the case of the brig Ersten, and a memorial and petition of G. Meade, in behalf of Messrs. T. W. C. and R. Lake, having reported,
"That in their opinion, the present judges of the court of Appeals, are still in Commission, and that it will be necessary the court of appeals should remain upon its present establishment, except with respect; to the salaries of the judges, which
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should cease from theday ofand that in lieu thereof they shall be entitledto dollars per day, during the time they shall attend the sitting of the courts, and including the time they shall be necessarily employed in travelling to and from the said courts. That the present judges be acquainted with the determination of Congress upon this subject. That with respect to the cases of the sloop Hannah and the brig Ersten, the court of appeals be authorized, in these and every other cause before them, to grant rehearings, or new trials of the same, whenever justice and right may, in their Opinion, require it, provided that such rehearing is--Provided also, than an order for a rehearing shall, in no instance, suspend the execution of the first sentence, if the party in whose favour it may be, shall give satisfactory security for the payment of such costs and damages, as the court, on rehearing the cause and reversing the decree, may think proper to award. That the judges of the court of appeals be directed to enquire into the reasons which prevented the appeal mentioned in the memorial of Geo. Meade, and if it shall appear to them, upon investigation, that it was not owing to the neglect or default of the said J. W. C. and R. Lake, or their attorney, that the said appeal was not lodged, but to an agreement between the parties, the said judges be empowered to receive the said appeal."
A motion was made by Mr. [Rufus] King, seconded by Mr. [Melancton] Smith, to postpone the consideration of the report, to take up the following:
That the commission of the judges of the court of appeals be vacated and annulled; and that in all causes which have been decided by the court of Appeals, upon application to Congress, withinfor a rehearing or new trial, the same shall be granted where justice and right may require it.
On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Pierse] Long,
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So the question was lost.
On motion, Ordered, That the report be recommitted.
On motion of Mr. [Melancton] Smith, seconded by Mr. [David] Ramsay, Mr. Houstoun,
Resolved, That the Salaries of the judges of the Court of Appeals shall henceforth cease.1
[Note 1: 1 This motion, in the writing of Melancton Smith, is in the Papers of the Continental Congress, No. 36, IV, folio 475.]
Resolved, That the Secretary furnish tickets to each person Habersham, ay who is invited to dine with Congress on the 4th of July next and that each member be furnished with two tickets, that the whole be directed to remain without the bar, excepting foreign ministers, Governors or Presidents of States2
[Note 2: 2 This report, in the writing of David Ramsay, is in the Papers of the Continental Congress, No. 36, III, folio 65. The indorsement states that on this day it was referred to the Secretary of Congress to take order.]
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