Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-08
Congressional Register.
HOUSE OF REPRESENTATIVES,.


Ti'caday, .NsceHi6er p, 1904.
Debate on the bin for the more cifeGlual
preservation OF peace in the ports and
harbors ofthe Uniiel States and in the
waters under thcir jurisdiction.
(Corcluded.J
Mr.. Dana tho, ght the embarrassment
might be attributed to an attempt to com.
bine in one section TWO diGereu, species of
crime, but it va, exposed to objections
which had not ye' bcen made. The clause
gives the marshes or sheriff the power to
arrest the offender by force Of arms, and
then II the pcrsc's resisting XII vour Off
Ger |! is murder, end shall be punished &C
cordlngly. If, how ever, your officer and
his armed force XIII aoy Of the offenders
resis'lng, your process Cor il stands; If
dea'h eusues OF esther side, those who are
concerned in 81 2ort of the civil authority
shall be lus;i'ica.--but those erqaged in
resisting shall b. shot, or if not shot, srd
they are taken alive, then they shall
DC fined and imprisoned for manslauehtcr
committed upo" heir party. lie did not
'n'rk the a., 'H'~'sts proposed, take
which you VIII. IL m, likely 10 remove
the difficulty.
MIR. Nicholson said the case tIev were
about to provide for was different from a.
ny olher that could arse in civil society.
TWAS devising a punishment for persons
who were armed wi h species Of power
to resist Irgalised force under their com.
niand, and though they are bound 10 sub
init to our laws yet they haze others un-
der their command who are bound to sub.
tsit to tbetn---An offender seeks proiecli-
on from the effects of our offended laws
on board an armed ship; he is sought by
our officers, and The commanding officer
regardless OF his proper duty orders his
sailors 10 defend themselves by resisting
the process; In the struggle death cusues /;
now let ii be asked are those seamen gull.
~ OF murder CT mansIaughter--The SER
want OF person invested with authority
eqnai 20 that Of British Officer and di-
rec,ed 10 do an illegal act, 10 l,;. man
Tor example, though il would be murder
In the officer, vet it would be no more
( than ,nansIaughter in the seryart-'Th he
case Is the same IS it relates to the officer
and crew; though the latter ere not justi.
lied TO do the act, vet they do not feel
themselves justified to diso5ev their COM
mander. When he was up Before he had
not clearly expressed himself for want of
attending 10 the bearing of the whole bill.
In England every mans house was his
castle; no officer was authorised to break
house open Except in cases of treason or
Felony, an officer attempting it might be
Killed, and it would amount only to man
slaughter. The attempt here to take a
man from on board an armed ship might
be considered rs attempting 10 break open
a castle, and If death cnsued it would he
I manslau9 hier--Theb howeycrautho4is-
! ed the force, and cases might exist. in
which the killing would be murder-other
cases where the killing would be man
slaughter only.
MIR. Nelson obie9cd to Alr. Early's q
I mendmcnt; because 1t LEFT the denomina.
ton OF the crime to the Judge or Jury, and
how could they determine whether il was
murder or manslaughter, but by the com
mon law, rs the United States had never
yet defined either--If tire case was defn.
cd aud left to go 20 Jury uron the mat.
Ger OF fact, the objection would be ia some
degree obyialed.
mr, Nicholson was sorry % see such
discussion had taken place,--Iie would,
ln order 10 remove The difficulty, strike
out az, that relates to The ppaishrDtn;, and
leave item 10 be dealt with according
4 20 law, when delivered ovec 10 tie civil
authority.
Mr.. r.. Criswold had two oh,eF.ior>.
First, that mentioned BY his colleague.
: Where you auIhonse your shcrifor mar
shall to take an armed force, and as yca
| Justly these in case death eEsGes, and pua-