. For the Congressional Resolve of 25 Nov. 1775, and a further resolve of 23 March 1776,
see note 3108
below. For the work of the special committees and the resolve creating the Standing
Committee, see Davis, “Federal Courts,” 131 U.S.
, Appendix xxii—xxiii; 7 JCC
75. For the cases which came before special committees, see McAroy v. The Thistle,
below; National Archives, The Revolutionary War Prize Cases
26–27 (pamphlet accompanying Microcopy No. 162, Washington, 1954). It has been suggested
that the idea of trial by committee may have come from the example of the British
practice under which appeals from the Vice Admiralty courts in cases of prize went
to Lords Commissioners for hearing such appeals, a committee of the Privy Council.
Jameson, “The Predecessor of the Supreme Court,” in J. Franklin Jameson, ed., Essays in the Constitutional History of the United States
13–16 (Boston and N.Y., 1889). It should be noted, however, that after 1762 this
committee included the judges of the common-law courts. See 1 Holdsworth, History of English Law