[Philadelphia] March 26, 1776
The House again took up the Resolves of the Committee appointed to consider the Resolutions of [the Continental Congress, which having been read a second time, and separately agreed to. on the Question, were transcribed, and follow in these Words, viz. Resolved, 3. That there shall be erected and constantly held, in the city of Philadelphia, a Court of Justice, by such able and discreet Person as shall be appointed, from Time to Time, by the Assembly, and commissioned, under the Hand and Seal of their Speaker, for that Purpose, whose Business it shall be to take Cognizance of and try the Justice of any Capture, or Captures, of any Vessel, or Vessels, that shall be made by any Person or Persons in Pursuance of the Resolves of the Honorable Continental Congress, and brought into the Port of Philadelphia aforesaid; and the Judge, so commissioned to hold said Court as aforesaid, shall have Power, at all Times, to issue his Warrant, or Warrants, to the Marshal of the City and County of Philadelphia hereafter to be appointed by the Committee of Safety, which they are hereby impowered to do, commanding him to summon twelve honest and lawful Men of the County of Philadelphia aforesaid, to appear before the said Judge, at such Time and Place as he shall appoint; and the said Marshal is required to execute said Warrant and make Return thereof, as in and by the same he shall be authorized and directed. 2 Resolved, 4. That when any Person, or Persons, shall take and bring into any Port, in this Colony, any Vessel or Vessels, that have been offending or employed by the enemy, contrary to the Resolves of the Honourable Continental Congress, such Person or Persons, so taking or bringing in such Vessel, shall immediately make out a Bill in Writing, therein giving a full and ample Account of the Time and Manner of the Caption of said Vessel, and the Employment she was in when so taken, and of the Persons who were aiding and assisting in taking her, to the best of his Knowledge, at the Time of her Caption, and shall deliver the same to the Judge, who shall have Jurisdiction of the Port aforesaid, with all the Papers that may be found on board such Vessel, to the Intent that the Jury may have the Benefit of Evidence therefrom arising; and the Judge, to whom said Bill shall be delivered, shall immediately issue his Warrant or Warrants, as aforesaid, to the said Marshal, commanding him, in Manner aforesaid, to return twelve good and lawful Men to try the truth of any facts alleged in such Bill; which Jury shall be sworn, or affirmed, to return and give a true Verdict upon the said Bill according to Evidence; and if it shall appear to said Judge, by said Verdict, that such Vessel has been employed or offending as aforesaid, he shall condemn said Vessel, Cargo and Appurtenances, and order them to be sold at public Vendue, and shall order the Charges of said Trial and Condemnation to be paid out of the Money such Vessel and Cargo shall sell for, into the Hands of Michael Hillegas, Esq; the Treasurer of this Colony, or such other Treasurer as the Assembly shall appoint, and shall order the Residue thereof to be delivered to the Captors, their Agents or Attornies, for the Use and Benefit of such Captors and others concerned therein. And if two or more Vessels, the Commanders whereof shall be properly commissioned, shall jointly take such Vessel, the Money arising from the Sale thereof, her Cargo and Appurtenances, after payment of all Charges as aforesaid, shall be divided between the Captors, in proportion to their Men. And the said Judge, before whom any such Trial and Condemnation, as is afore-mentioned, shall be had, shall be and is hereby authorised to make out his Precept, under his Hand and Seal, directed to the said Marshal, requiring him to sell such Vessel, Cargo and Appurtenances, and to pay thereout the Charges of Trial, Condemnation and Sale, to the Treasurer aforesaid, and to deliver the Residue to the Captors and Persons concerned as aforesaid.
Resolved, 5. That there shall be paid to the Judge, Jurors, Marshal and Clerk, out of the public Treasury, such Fees as have been heretofore paid, in the Port of Philadelphia, in like Cases, or shall hereafter be established.
Resolved, 6. That when any such Bill shall be delivered to such Judge, he shall cause Notification thereof, and the Name (if known) and Description of the Vessel so brought in, with the Day set for the Trial thereon, in at least two of the public News-Papers printed at Philadelphia, fifteen Days before the Time set for the Trial, that the Owner of such Vessel, or any Person concerned, may appear and shew Cause, if any they have, why such Vessel, with her Cargo and Appurtenances, should not be condemned as aforesaid.
Resolved, 7. That the Process and Proceeding, upon any Vessel that shall be retaken from the Enemy by any Person or Persons, shall be in the same Manner as is herein provided for other vessels; and to be sold and disposed of, in Manner aforesaid, for the benefit and to the Uses directed by the Congress aforesaid, in Cases of Re-captures.
Resolved, 8. That in all Cases an Appeal shall be allowed to the Congress, or such Person as they shall appoint for the hearing and trying Appeals; provided the Appeal be demanded within five Days after definitive Sentence, and such Appeal be lodged, with the Secretary of Congress, within forty Days afterwards; and provided the Party appealing shall give Security to prosecute the said Appeal to effect. And in Case of the Death of the Secretary, during the Recess of Congress, then the said Appeal to be lodged in Congress within twenty Days after the Meeting thereof.
Resolved, 9. That the Judge of such Court shall appoint an able Clerk, who shall keep a true and fair Record of all the Proceedings of said Court, and shall be duly sworn or affirmed to act, in the said Office, with Truth and Fidelity, and his Attestations shall be received as Evidence.
Resolved, 10. That the Depositions of the Witnesses, in any of the Cases aforesaid, shall be taken before the Judge aforesaid and filed in the Clerk's Office, and that the same shall be, at all Times admitted in Evidence, in Case of the Death or Absence of the Witness; and that the same Depositions shall and may be taken, ex parte on such Notice being given to the adverse Party as the said Judge shall direct and appoint.