The Board of Admiralty and Congress were inclined to disagree as to the proper construction to be placed upon the ninth article of the Articles of Confederation, which gave Congress “the sole and exclusive right and power of determining on peace and war.” In a report which it made to Congress under date of May 29, 1781, after referring to the commissions which Massachusetts had issued to the “Protector” and “Mars,” two ships of the navy of that state, it said that “the Board humbly conceives that Commissions issuing from different Fountains of Power, is a matter which may merit the attention of the United States in Congress assembled who are the supreme power in Peace and War.” The Board was inclined to take the view that Massachusetts had no right to issue these commissions. The committee of Congress to whom the report was referred interpreted more narrowly the war powers of Congress than did the Board of Admiralty. It conceived that each state had the right to issue commissions to ships of war under the regulations established by Congress, and that the only step necessary to be taken for the present was for the Board to transmit to each state a copy of the present regulations governing the issuing of commissions.[253] This incident is noteworthy in its indicating the existence of “strict” and “loose” constructionists within three months after the Articles of Confederation were adopted. If another illustration is needed to show the dependence of the makers of the American navy upon British models, some words of the Board of Admiralty are in point. For a long time it had under consideration a revision of the rules and regulations of the Continental navy. Concerning its intention to inspect the British rules and incorporate into its new code such of them as were adapted to the American navy, it observed that it did not “think it unlawful to be taught by an enemy whose naval skill and power, until the reign of the present illustrious King of France, were superior to that of any kingdom or state on earth.”[254] It is believed that the work of the Board in this particular was not brought before Congress. On January 15, 1780, Congress created a permanent Court of Appeals for the trial of prize cases appealed from state admiralty courts. Since January 30, 1777, such cases had been heard and determined by a standing committee composed of five members of Congress. Such a committee naturally lacked permanency, expertness, and technical and legal knowledge. The Court established in January, 1780, was to consist of three judges, who were to try, in accordance with the law of nations, questions of fact as well as law. On January 22, 1780, Congress chose as the three judges of the Court, George Wythe of Virginia, William Paca of Maryland, and Titus Hosmer of Connecticut.[255]