Pagan, to the Governor of
Massachusetts Bay, who, in his letter of the 28th of January, 1791, was
pleased to recommend this matter to the serious attention of the Senate
and House of Representatives of that State. On the 14th of February,
1791, the British Consul memorialized the Senate and House of
Representatives on this subject. On the 22nd of February, a committee of
both Houses reported a resolution, that the memorial of the Consul
and message from the Governor with all the papers, be referred to the
consideration of the justices of the Supreme Judicial Court, who
were directed, as far as may be, to examine into and consider the
circumstances of the case, and if they found that by the force and
effect allowed by the law of nations to foreign admiralty jurisdictions,
&c. Hooper ought not to have recovered judgment against Pagan, the court
was authorized to grant a review of the action. On the 13th of June,'
1791, the British Consul again represented to the Senate and House of
Representatives, that the justices of the Supreme Judicial Court had not
been pleased to signify their decision on this subject, referred to
them by the resolution of the 22nd of February. This representation
was considered by a committee of the Senate and of the House of
Representatives, who concluded that one of them should make inquiry of
some of the judges to know their determination, and upon being informed
that the judges intended to give their opinion, with their reasons, in
writing, the committee would not proceed any further in the business.
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