of a jury shall establish the facts in all trials in the courts of admiralty, without re-examination or appeal, and that an appeal is permitted only from a decree of the judge. That having examined the said act, which is entitled "An act for establishing a court of admiralty," passed at a session which commenced on the 4th of August, 1778, the committee find the following words, viz: "The finding of the jury shall establish the facts, without re-examination or appeal.” And in the seventh section of the same act, the following words, viz: "In all cases of captures an appeal from the decree of the judge of admiralty of this state, shall be allowed to the continental congress, or such person or persons as they may from time to time appoint for hearing and trying appeals." That although congress, by their resolution of November 25, 1775, recommended it to the several legislatures to erect courts for the purpose of determining concerning captures, and to provide that all trials in such cases be had by a jury, yet it is provided, that in all cases, an appeal shall be allowed to the congress, or to such person or persons as they shall appoint for the trial of appeals." Whereupon Resolved, That congress, or such person or persons as they appoint to hear and determine appeals from the courts of admiralty, have necessarily the power to examine as well into decisions on facts as decisions on the law, and to decree finally thereon; and that no finding of a jury in any court of admiralty, or court for determining the legality of captures on the high seas, can or ought to destroy the right of appeal, and the re-examination of the facts reserved to congress. That no act of any one state can, or ought to, destroy the right of appeal to congress, in the sense above declared. That congress is, by these United States, invested with the supreme sovereign power of war and peace. That the power of executing the law of nations is essential to the supreme sovereign power of war and peace. That the legality of all captures on the high seas must be determined by the law of nations. That the authority, ultimately and finally to decide on all matters and 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. That the said control must extend as well over the decisions of juries as judges, in courts for determining the lega lity of captures on the sea; otherwise the juries would be possessed of the ultimate supreme power of executing the law of nations, in all cases of captures; and might at any time exercise the same in such manner as to prevent a possibility of being controlled; a construction which involves many inconveniencies and absurdities, destroys an essential part of the power of war and peace, intrusted to congress, and would disable the congress of the United States from giving satisfaction to foreign nations, complaining of a vio lation 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 controlling, by appeal, the several admiralty jurisdictions of the states, has hitherto been exercised by congress, by the medium of a committee of their own. members. Resolved, That the committee, before whom was determined the appeal from the court of admiralty, for the state of Pennsylvania, in the case of the sloop Active, was duly constituted and authorized to determine the same. Resolved, That the said committee had competent jurisdiction to make thereon a final decree, and therefore their decree ought to be carried into execution. Resolved, That the general assembly of the state of Pennsylvania be requested to appoint a committee to confer with a committee of congress, on the subject of the proceedings relative to the sloop Active, and the objections made to the execution of the decree of the committee on appeals, to the end that proper measures may be adopted for removing the said obstacles and that a committee of three be appointed to hold the said conference with the committee of the general assembly of Pennsylvania. The members chosen, Mr. Paca, Mr. Burke, and Mr. R. H. Lee.* A copy of record, * CHAS. THOMPSON, Sec'y. Journals of Congress, vol. v. p. 85. TABLE OF CONTENTS. The 1st. and 2d. sections of the act, authorizing the governor to protect Mrs. Sergeant and Suggestion that Mrs. Sergeant and Mrs. Waters having paid the money to Pennsylvania, the decree made against them ought not to be Gen. Bright's orders from the governor to pro- tect Mrs. Sergeant and Mrs. Waters with the The issue on the special plea waved, resolutions of congress on captures, act of Pennsylvania for establishing courts Mr. Dallas on admitting further documents, Franklin on same point, Ingersoll ditto. Dallas further in reply, Judge Washington's decision on admitting the docu- ments, Mr. Dallas acquiesces in the decision of the court, Martins M'Kean's message, The act of Pennsylvania relating to its cites opinions of judges and civilians on 61 63 ib. 65 66 67 ib. 68 75 Martin's law of nations 79 Dallas opens the ground of his argument in support Washington, Judge, charge to the jury, Narrative of the proceedings of the jury with the ob- 81 90 130 160 182 The opinion of judge Peters, when he 209 B. The return of judge Peters to the man- 212 C. The opinion of the Supreme Court, on 214 D. The report of the commissioners of the 219 |