The Committees of the Continental Congress Chosen to Hear and Determine Appeals from Courts of Admiralty, and the Court of Appeals in Cases of Capture, Established by that Body

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Banks & Brothers, 1888 - 24 páginas
 

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Página 5 - Resolved, That a standing committee, to consist of five members, be appointed to hear and determine upon appeals brought against sentences passed on libels in the courts of Admiralty in the respective states, agreeable to the resolutions of Congress ; and that the several appeals, when lodged with the secretary, be by him delivered to them for their final determination: . . . (Journals of the Continental Congress, Session of January 30, 1777, Library of Congress edition, Vol.
Página 3 - Should not a court be established by authority of Congress, to take cognizance of prizes made by the Continental vessels ? Whatever the mode is, which they are pleased to adopt, there is an absolute necessity of its being speedily determined on ; for I cannot spare time from military affairs, to give proper attention to these matters.
Página 16 - November 6, 1779, reversed by the committee. 58. Cleaveland v. The Ship Valenciano. Appeal from a judgment in the Superior Court of Judicature, Court of Assize, and General Jail Delivery at Boston in the Middle District of the State of Massachusetts Bay. October 9, 1779, lodged with the Committee on Appeals. November 1, 1779, reversed by the committee. 59. Board of War for Massachusetts v. Ship Victoria. Appeal from a judgment in the Maritime Court for the Middle District of Massachusetts...
Página 4 - That in all cases an appeal shall be allowed to the Congress, or such person or persons as they shall appoint for the trial of appeals; provided the appeal be demanded within five days after definitive sentence, and such appeal be lodged with the Secretary of Congress within forty days afterwards; and provided the party appealing shall give security to prosecute the said appeal to effect; and in case of the death of the secretary during the recess of Congress, then the said appeal to be lodged in...
Página 3 - It is some time since I recommended to the Congress, that they would institute a court for the trial of prizes made by the Continental armed vessels, which I hope they have ere now taken into their consideration ; otherwise I should again take the liberty of urging it in the most pressing manner.
Página 14 - That the authority ultimately and finally to decide on all Matters, & questions touching the law of Nations, does reside and is vested, in the Sovereign supreme power, of War and peace. That a control by appeal is necessary in order to compel a just and uniform execution of the law of Nations.
Página 14 - ... many inconveniences and absurdities, destroys an essential part of the power of war and peace entrusted to Congress, and would disable the Congress of the United States from giving satisfaction to foreign nations complaining of a violation of neutralities, of treaties or other breaches of the law of nations, and would enable a jury in any one State to involve the United States in hostilities; a construction which for these and many other reasons is inadmissible: That this power of controuling...
Página 3 - Resolved, That a committee of seven be appointed to take into consideration the arrangement of committees for future action, and to report as early as possible.
Página 14 - Sixty-four cases in all were submitted to the committees of Congress, of which forty-nine were decided by them, four seem to have disappeared, and eleven went over to the Court of Appeals for decision. Fifty-six cases in all, including the eleven which went over, were submitted to the Court of Appeals, and all were disposed of.
Página 13 - Court to which they and each of them were and was bound to pay obedience, this Court being unwilling to enter upon any proceedings for contempt lest consequences might ensue at this juncture dangerous to the public peace of the United States, will not proceed farther in this affair nor hear any appeal until the authority of this Court shall be so settled as to give full efficacy to their Decrees and process.

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