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Browsing: Legal Papers of John Adams, Volume 2


This note contained in document ADMS-05-02-02-0009-0001-0001
9. For the style of the “Court,” see the decree in The Industry,DNA Microcopy 162, Case 14. The matters of procedure noted in the text appear in all of the cases having appeal papers which are cited in note 8 above. The attitude of Congress toward the court appears in the report of the Marine Committee on a petition apparently transmitted through JA by his former client, Timothy Folger (No. 45), in behalf of the crew of a Nantucket whaler condemned as prize. The court in affirming the condemnation had awarded wages to the crew, as provided by resolve of Congress (note 3108 below), but Folger sought a share of the profits for them, claiming this to be the custom of whalers. The Marine Committee reported adversely, on the grounds that the petition raised questions of “construction of the promulgated resolutions of Congress, which make part of the code of laws of maritime war, which laws ought to be construed and applied by the courts of admiralty and commissioners of appeals in their judicial capacity, and not by Congress” and that since the case had already received “a judicial determination before the said courts” in which the issue might have been raised, it was improper for Congress to act upon it. The resolution was concurred in by Congress on 23 May 1777. See Newman v. The Sherburne,DNA Microcopy 162, Case 10; 8 JCC 383–384. The states were not so ready to recognize these decrees. See The Active, note 78 below.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/