Page:Nature and Character of our Federal Government.djvu/44

 administrators. (3 Dallas' Reports, 54.) Congress, in November, 1775, passed a resolution, recommending to the several colonies to establish prize courts, with a right of appeal from their decisions to congress. In 1776, New Hampshire accordingly passed a law upon the subject, by which an appeal to congress was allowed in cases of capture by vessels in the service of the united colonies; but where the capture was made by "a vessel in the service of the united colonies and of any particular colony or person together," the appeal was allowed to the superior court of New Hampshire. The brigantine Susanna was captured by a vessel owned and commanded by citizens of New Hampshire, and was duly condemned as prize by her own court of admiralty. An appeal was prayed to congress and denied; and thereupon an appeal to the superior court of New Hampshire was prayed and allowed. From the decision of this court an appeal was taken to congress, in the mode prescribed by their resolution, and the case was disposed of by the court of appeals, appointed by congress to take cognizance of such cases. After the adoption of the present constitution and the organization of the judiciary system under it, a libel was filed in the district court of New Hampshire, to carry into effect the sentence of the court of appeals above-mentioned. The cause being legally transferred to the circuit court, was decided there, and an appeal allowed to the supreme court. That court, in its decision, sustains the jurisdiction of the court of appeals established by congress. Mr. Justice Patterson's opinion is founded mainly upon these grounds: That the powers actually exercised by congress ought to be considered as legitimate, because they were such as the occasion absolutely required, and were approved and acquiesced in by "the people;" 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 this power was lodged in the continental congress by the consent and acquiescence of "the people;" that the legality of all captures on the high seas must be determined by the law of nations; that New Hampshire had committed herself upon this subject by voting in favor of the exercise of the same power by congress in the case of the brig Active; that as the commission, under which the