# Any National-Level Courts in USA 1777-1788? **URL:** \ **Category:** Factual Questions\ **Created:** [July 5, 2013, 6:08pm UTC](https://boards.straightdope.com/t/any-national-level-courts-in-usa-1777-1788/662740 "2013-07-05T18:08:05Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![bup](https://avatars.discourse-cdn.com/v4/letter/b/6bbea6/32.png) [@bup](https://boards.straightdope.com/u/bup)\ **Post date:** [July 5, 2013, 6:08pm UTC](https://boards.straightdope.com/t/any-national-level-courts-in-usa-1777-1788/662740/1 "2013-07-05T18:08:05Z")
So, the Articles of Confederation, the first document for national government of the USA, had a provision that a court could be appointed for 1) Crimes on the high seas, and 2) appeals for “captures” (I think that means disputes about who gets enemy vessel captured booty). Did any of those courts ever exist? Were there any trials? ---
**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\ **Post date:** [July 5, 2013, 7:42pm UTC](https://boards.straightdope.com/t/any-national-level-courts-in-usa-1777-1788/662740/2 "2013-07-05T19:42:03Z")
Yes. Because privateers were active during the Revolutionary War, the Continental Congress recognized a need for prize courts even before the Articles of Confederation were ratified. Congress allowed the states to retain original jurisdiction, but created a federal Court of Appeals in Cases of Capture for appeals. The court heard 109 cases but “worked poorly” according to this article (PDF), due to lack of an enforcement mechanism. Note also the process spelled out later in Article IX: > [@](#): > > The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, Congress shall name three persons out of each of the United States. . . and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgement, which shall in like manner be final and decisive, the judgement or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every commissioner, before he sits in judgement, shall take an oath to be administered by one of the judges of the supreme or superior court of the State, where the cause shall be tried, ‘well and truly to hear and determine the matter in question, according to the best of his judgement, without favor, affection or hope of reward’. This is something like a court and something like an arbitration panel, but the Articles use the word “court”, and such courts were in fact consituted and heard three cases during the 1780’s. ---
**Author:** ![bup](https://avatars.discourse-cdn.com/v4/letter/b/6bbea6/32.png) [@bup](https://boards.straightdope.com/u/bup)\ **Post date:** [July 5, 2013, 8:04pm UTC](https://boards.straightdope.com/t/any-national-level-courts-in-usa-1777-1788/662740/3 "2013-07-05T20:04:55Z")
Cool - thanks. [del]ETA - except the link 404’s at Duke law’s website.[/del] There was just an extra \. [Found the article.](http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2337&context=lcp) ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [July 5, 2013, 8:12pm UTC](https://boards.straightdope.com/t/any-national-level-courts-in-usa-1777-1788/662740/4 "2013-07-05T20:12:46Z")
Fascinating stuff, **Freddy**. I’m always impressed by what the people here know offhand. Thanks!