The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-20

however, one part Of the ciaufc that had net /
been iati,fscto-iT iupp2r,cd 70 his mind. He |
did not understand how the Congrefs could |
enjoin il upon naGifrate to call out the ml'it'-
4 to execute Rate warrant. He WIS not Rats I!
fed either rs to the right, the conGitutionaIty,
or the proprietv OF the ideature. The coufitu-
ton when it fpeaks of calling out the militia,
confines the object TO three things, To execute
the laws of the Union, to fapprtts ininrrecti-
ous, and reprl invsiions--Congrefs may call
forth the militia to execute the laws of the Uni
ted States, but not to execute the laws OF
particular tate. The fates individually have a
right to call forth the militia of their own ftateS,
to execute their own laws, and the United
States have alto the power to all forth the
whole militia of the Union TO execute the laws
OF the Union. He had no doubt of the proprie-
ty ofgivug the ta,es authority to execute their
procefs within the limits of the United States
inrifdistion but he doubted extremely the au-
thority of Congrefs to call out the militia for
the pmrpofe mentioned in the bill that he
conceived 70 belong TO the fate authority,
and the rate alone was competent to Its execu-
ton.
The doctrine OF the Gentleman (Mr. r. Crit
void on another point was not 10 correct. Ii
will be recolle6ted that the individual fates
could neither raifc an army, nor create Fee.
yet armed veiels may commit in our waters, and
in our ports and harbours, the mott violent out
RACES upon the pcrfons and property of the CT
tizens; and this mifcrable bubble is to enable
them to- elude nations iultiCe; we cannot we
are told, extend the jurifdttion of fate nor
aid her with the na;iora! force furcy the lives
and fortunes of our citizens are not thu. tamely
to he facrihced.
Suppofc murder to be committed in the har-
bour Of New-York by a citizen or a foreigner
not belonging to an armed vcfiel. This may be
conhdered crime aganit the fate, s. which
the fate authority is competent to puniih. But
If murder is committed by the crew of An armed
vellel, is not fuch an armed force equivalent to
an invading foe If man came from Canada
t. Verm, q, and was 20 commit fiulilsr out
rage, would not the civil power of the fate ap-
prehend him, and puni0l him with death, if his
crime was Of iuch enorInity as to require it
And hall an armed vehel be permitted to out
rage the perfon and property Of our citizens on
the Atlantic flores, hccaufe ihe has the
ftrength He would be glad to fee remedy
more complete than the one mentioned in this
bill he would like to fee fuch force not re-
PEELED by the civil arm, but force by force. He
would Ike to fee the armed veGes employed
in difurbing our peaceable commerce blown
out ofthe water. He would with to fee our
American officer: and feamcn lying yard arm &
yard arm in the attack, and the quefion of
peace or war faked on the ihue, if the conduct
OF iuch marauders was fulfilled by the govern
ment ofthe nation 70 which they helongcd.-
This language may appear different from what
he had confantly ufed but our ftuation was
alto different. Heretofore, ne was not difpofed
TO engage in hottilities for the protection of our
navigation bnt we then had no maritime force
We have hncc created one if we had 10 navy,
we could not meet them on the ocean but
having one he would apply it TO the beft pur-
pofe, that of efficaciouly defending our port.
and harbors, and would ftruggle till the whole
OF our marine was annihilated, if in the conteft
Britain ihould not leave US Jingle Ilip
though we loft all, we fhould not ofe our natl
onal honor though we fhould not beat her on
the Ocean we mould fave our reputation.-But
10 fuffer infnlt to be added 20 injury is indeed
degradation of national honor, and ought never
10 be borne with, let it come from any nation
whatever.
MIR. r. G'ijsuold did not fay that congrefs had
not power to authorize the individual ftates to
fend their prucefs into the territory under the
jurifdi6tion ofthe United States. That point
could not be queftion on this bill, becaufc that
power is no where propofed to be given. The
objection was, that without having given the
fate power to fend it's procefs within the Unit
ed States uriidittion, you fay that if the perfon
making the arref, the perfon intended to be ar
iNNNH "'" ~ nhSh "it,iih tIiC or
the United States it fhall be iuhifed, or if any
perfon aiding the iheriff be killed by thofc refn
,ns The :s:! aa.o-!t, they asH DC piifiiifniieti
as in cafes of felonious homicide. He was def
rous that fome efficacious mode of rehting or
repclling the aggrehions upon our commerce
could be adopted, and the peace and fecurity of
our country efe&ually fecured for the flu
turc.
Mr.. Elliot. The qucftion has fome traits of
peculiar importance, and it would be dc6rable
at all times to harmonic the conflicting claims
of the tate and general governments. He
could have wifhcd that the doubts upon his
mind had been difpelled by the ingenious
explanation of the gentleman from MARYLAND
Mr.. Nicholfon.) But inhead of being difpel-
led they were materially strengthened by his OBJ
feryations. We are told that the laws of the
union embrace the laws Of the individual ftates
That the conHitution gives us power to call
forth the militia 10 execute the laws of the uni.
on; but II no where fays that we may call forth
the militia to execute the laws OF the particu-
lar Gates ; are the fate laws then, laws of the
union One gentleman afiirms that they are,
and another gentleman denies it. Let us enquire
tor moment what is the meaning of the phrafe,
union. The irlt paragraph of the contribution
Jays, We the people of the United States, in
order to form more perfect union again,
New ftates may be admitted by Congrefs into
thi: union; and in fiction 4, article 4, The u
nited States fhal guarantee to every Fate in this
union a republican form of government Sure