1784.
By the Confederation, The United States are vefted, among other things, with the ‘‘ fole and exclufive power of eftablifhing rules for deciding in all cafes what captures on land and water fhall be legal, and in what manner Prizes taken by Land or Naval Forces in the fervice of The United State fhall be divided or appropriated; of granting Letters of Marque and Reprizal in times of peace, appointing Courts for the trial of Piracies and Felonies committed on the High Seas, and eftablifhing Counts for receiving and determining finally appeals in all cafes of Captures. ’’
Such a Court was eftablifhed by the ftile of ‘‘ The Court of Appeals in cafes of Capture.’’ Acts of Congrefs, May 24, 1780. By the commiffion, the Judges are (illegible text) hear, try and determined all appeals from the Courts of Admiralty in the States refpectively, in cafes of capture, which now are, or hereafter may be duly entered and made in any of the faid States.’’ Acts of Congrefs, February 2d, 1780.
It was refolved by Congrefs, May 24th, 1780, ‘‘ that all matters refpecting appeals in cafes of capture, now depending before Congrefs or the Commiffioners of Appeals, confifting of members of Congrefs, be referred to the newly erected Court of Appeals to be there adjudged and determined according to Law. ’’
It is neceffary to enquire, what is the reafonable and legal meaning of the words of the Confedration, and of Congrefs in their feveral acts relative to this fubject, for that is the true meaning.
Thus we fhall be led into a conftruction, by which the pofitive words may be properly and juftly modified.
What are the foundations of fuch a conftruction here ? Firʃt—The Council for the Refpondent, are themfelves compelled to qualify the generality of the expreffion, ‘‘ eftablifhing Courts for receiving and determining finally, appeals in all cafes of captures,’’ by adding, as prize. The addition is indifpenfably neceffary ; for without it, the words would comprehend every kind of taking, on land and water, in peace and water, in peace and war. Having been obliged to go fo far, in qualifying the extent of the original expreffion, we are under the fame neceffity of explaining the terms oƒ qualification themʃelve ; and certainly we have the fame right, founded on reafon and law, explain them, that we had to introduce them. In doing this we fhall find, ʃecondly—That ‘‘ captures, as prize, by citizens of The United States, may be carried into foreign countries, and be legally proceeded againft in the Courts of Admiralty there ; and therefore it is to be inferred that the Confederation intended only fuch captures,’’ brought inƒra prafiia of The United States. That this was the intention thereof, further appears, as Thirdly—Congrefs, in the commiffion and refolution before mentioned, have fhewn their fenfe of the words ‘‘ Cafes of Captures,’’ by ufing them in reference to appeals ‘‘ in ‘‘ cafes of capture, which then were duly entered and depending,’’ as well as to (illegible text) cafes ; but none were ‘‘ then entered and depending,’’ except where the ‘‘ Captures’’ were brought infra prafidia of The United States. This fenfe of Congrefs, will
appear
