The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-06
Gougrrfs.
HOUSE OF REPRESENTATIVES,.
TUESDAY, November o..

De60fs en- tie Ell far tbe more etl7ual orct,-7,a-
hon ofpeoef IN TIRE ports and barriers offbe u
MteH states, and Ia .5e qvaicry wqder their ju-
ryaitiion.
CONCLUDED
Mr.. Dana thought the embarrassment might
be attributed to an attempt to combine in one
q ction two different fpecies Of crimes, but it
%as exPoirt 70 objections which bad not vet
been made. The claufe gives the martial or
iherlit the power to arreit the offender by force
OF arms, and then if the perfons reliting kill
your officer it is murder, ard hall he punihed
accordingly. If, however, yonr officer and his
armed force kill any of the offenders reffting,
your prccels for it ttands; if death enfues on
either iide, taois who are concerned in fupport
OF the civil authority illa.l he iuaifed.but
thoie engaged in reiiRing ihall be hot or if not
ihot, and they are taken alive, then they 1bal
be fined and impriioned for manilaushter COM
mitted upon their party. He did not think the
amendments propoied, take which jon will of
them, likely TO remove the difficulty.
Mr.. NieboJon fad the cafe they were about
to provide for vas different from any other that
could arfe in civil fociety. 1t was deviing a
puniihment for perfons who were armed with
ipecies OF power to reiift legalied force ander
their command, and though they are bound to
iubmlt to our laws yet they have Others under
their command who are bound to fubmt to
them-An offender feeks protection from the
effects OF our offended laws on board all armed
ihp; he is fought by our officer, and the COM
handing officer Regardless of his proper duty
orders his failors to defend themfeives by reGR-
ing the procefs; in the ftruggle death enfues :;
now let 1t be aiked are thofe feamen guilty. of
murder or manilsughter---Thc lervant of A per-
ion invefted with authority equal to that of
Brit'lh officer and directed to do an illegal aSt,
to XIII man for example, though it would be
murder In the officer, vet it could be no more
than granddaughter in the fervant---Thc cafe is
the fame As it relates to the officer and crew {:
though the latter are not fulfilled to DC the az,
yet they do not feel themieyes fulfilled to diff
obey their commander. When he was up be-
fore he had not clearly exprehcd himfelf for
want OF attending to the bearing of the whole
bill. In England every mans houfe was his
caitle; no officer was authorized to break houfe
open except in cafes of treafon or felony, an off,
Ger attempting 1t might be killed, and it would
amount only to granddaughter. The ATTEMPT
here to take man from on board an armed
IMP might be confdered as attempting TO break
open cattle, and if death eEfiled it would be
manfiaughter- bill however authorized the
force, and cafes might exit, in which the killing
would be murder---other cafes where the killine
would be granddaughter only.
nr. Melon objected to MIR. Early's amend
rient, becaufr il left the denomination of the
crime to the judge or Jury, and how could they
determine whether it was murder or nanflaugh-
ter, but by the common law, as the u. States had
never yet defined either---If the cafe was de6n-
ed and left to go to jury upon the matter of
fact, the objection would be in fome degree OBJ
waited.
Mr.. NieboJon was forty to fee fuch difcuni-
on had taken place.---He would, in order to re-
move the difficulty, ftrke out all that relates TO
the pnnithment. and leave them TO be deal. with
according To law, when delivered over to the CT
vii authority.
MIR. r. Grjfzvoid had two objections. Firf,
that mentioned by his colleague. Where YOU
authorize your iheriff or marlhalto take an arm
cd force, and as you juftify theie in cafe death
eniues, and puniih the Others as murderers---
The iherif has only to order his men to fire
and ihoot fome ;---then, for thefe deaths, YOU
hang the relt-ThS is making ihort work, and
giving no qaarter. The other objection was
on the ground of the conftitution--He did not
Zee that CoDgreis bad power to puniih crimes
committed againft fate, or in its ports or har-
bours. The contribution expressly gave Con-
grefs power to define and puniih crimes and nj
racies committed on the high feas; but not
within ftate's limits.
Mr. Smile obferved great deal of embar-
raiiment had taken place on wording the fecti-
on; that however was not 20 be wondered at
as the bill had only juf been attributed but
the lait objection, that it was unconstitutional,
deierved very ferrous reflection; he fhoald there
fore move the committee to rife, with view of
giving time for confederation.
Mr.. MicboLon had no objection to the COM
mittce riIing but he would not have it under
food that he had any constitutional difficulties
to ltruggle with. Congrefs had powers fufici-
ent TO enforce their revenue laws, and this very
bill contemplates that, as one circumstance that
may occur, and ought to be correGfed--- But
whence did the gentleman (Mr. II. Grifwold)
acquire this timidity, this care for fate rights
IT is believed they have not food in his way on
former occahons, any more than they did in the
way OF tboie with whom he acted. In the cafe
of the Edition bill, which trenched upon Che
fate courts jurifdiction, there was no fuues
mlhnefs, the end jufifying the means.
The committee roft, reported proZrefs, ard
obtained leave TO fit again.
Mr.. i. Randoibb called for the order Of the
day on the report of the committee of ways and
means, reipeGting the remifIion of duties on
books imported fort ufe of colleges and f.
minarics oflearning---the refoluton declaring il
to he ineXpedieut To- allow the fame.
ThciEIoufe taking the fubje6 into CONFEDERATE
on,
Mr.. J. Randolph obferved that tho conGituti-
on of the United States was grant Of limited
powers for general obccts, which Congress had
no right to exceed, although they might think