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

cutive authority, where the Gate contributions
generally placed it. He admitted the right of
Congrrfs TO call forth the militia in cafes of IN.
vadon or infureaion, and to execute the laws
Of the Union but exclu6vely Of the.t cafes au-
thorhrd by the contribution, he was bold 70
FAY Congress had no right 10 interfere with cal
ling the militia into iervice.-The command
OF the militia, he coniidrred rs foyrrcign pew
er, and rs fhch it could not be exercifed by
two fovereign authorities as that would de-
troy the very idea of fovereignty, which was
an EXECUTION of all other authority than one
the Rate executive could not call forth the ni-
tia, and the Congrefs exerciie the ike power at
the fame time.-He ihould always hold up his
hand aeainn tuch interference With the fste TO
vereigntes, or an atumption vi power by Con-
greis, in this cafe, we'll as ether analogous
cafes.
Some gentlemen have entertained doubts whe
Their Congreis have power to authorize a ilate
| officer to execute proceis within the United
States iuriidiGtion : if Congrsfs have executive
ljurifdiGtion, it is competent for them TO point
out the manner in which ii ihall be conducted,
| and the perfons by whom.-The ttstes OF New
| York and Connecticut may mutually agree that
the procrfs OF each rate may take effect IA the
other. This is q principle 70 plain, that it can
| not be doubted, and 1t never ought 10 be doubt
! ed but what Cougrris may in like ,nannc, per-
NIT fate proccfS TO be executed within its ex-
cluiivc iurlldiction.
| His coeaguetMr. Nicholfon) had IGadea diff
tincton, on enionng it upon 4 fate officer to
call out the militia, and fad that only gave him
the power 70 do 20, if he deemed it requiiite.
II is true, that it is not enjcined as duty, but
(, it is nevertheless equally true, that you aiiume
| to take away the power of governor OF fate,
and give the authority to ajuitice of peace, in
! tended by the fate contributions to be excu-
| lively within executive and legislative controul
! He ihorld therefore vote in favor of ttriking
out that part of the fiction, giving ojudges
|, or juftices the power of calling out the militia,
while he meant to favor that part extending the
power to the civil officer of the fate TO make
an arreft within the territory of the United
States, or waters under its jurtdlctlon, III Gales
of fugitves from iuitice.
Mr. Daas had 40 objection to the fecond part of
the sauie 10 far it went to Pre.erve peace in
ports and harbors, maintain the rights Of Fate
assinit every foreign aggrcf!on whatever. The ge-
neral idea of combining the force of the United States
and the force of individual Rate, he thought unob
jeetonable its principle and gentlemen differed
merely as 10 the detail True, the manner Of conduct
ing this operation was important, and required deli
beraton in order to avoid the Establishment oil pre-
cedent, which might Hereafter be drawn out to iup-
port unconstitutional suthoEityln reipec 10 the
frft point, calling forth ;h- Militia to execute the
rate laws, he did not fee that 1t need be conhdered
as infuperable impeachment b=cauie although the
United States could call them forth TO execute
tae law, yet the itates heInieves poeiied the pow
er and would no doubt provide for its effcacious
ercife in carrying their reflective laws into full effect
But doctrine, that had been broached for the hrit
time III the coure of this debate, iubjeGt OF An
alarming tendency, and III his opinion was contrary to
the whole tcoPe of the con!tiutonal powers granted
TO the general government of the Union! iald
mi he
ted States becaue the states part OF the Union
The contribution declares be the duty OF me Pre-
hdsnt to take care that the laws be faithfully efecu-
ted, and he is to commion ali officers d rGe United
States Is it meant that the PRECEDENT iil Zee 10 the
execution of the laws of each particular irate his
will give range to Presidential authority Eut
this snot al forifyou extend to the eG c. LIS
construction it WILDE found that the ju'.'cia authority
is co extenve and they will pats judgment OF right
upon the state laws-lt is very well k3oW WI that the
laws of the ieveral Of kinds part sta
tute, and part common law and this will extend
their jurifdetion all cafes arifng At common law
Grant this ~ eepng claue its whole range, and it will
enable the courts of the United States draw every
itgated iubjea within their cognizance; this is
step which furely gentlemen not prepared to
take at this time
With refpea the latter part of the fiction, he |
wasprepared to go the whole length. He would fur
niih the force of the United States fuppor the
independence OF states, and
lawful commercial purluits againts any every ma
ton that dare attack theni He anented the po-
iition of the gentleman from Virginia, (Mr ]. RAN
DoLPH) and was willing rG1 the question of peace
or war upon the iue He was not anxious to strike
out the fiction he did know but it might be as
well to re-coinmit 1t.
Mr.. G. ". Campbell explained in what he conceiv-
ed he had beeDmifaken by Mr. Nichollon, and de-
clared his Willingness go far in the protection Of
our commerce, and pre!ervng peace within our wa
tiers, any gentleman the floor; the only Psnr IN
variance as to the mode. He wiihed IT might be
done in conformity eabiiihed principles in law and
in right reaion keeping altogether clear Of conittu
tonai embarraffment.
The queftion hriking out the fecoud fection Of
the bill carried in the affirmative, 81 being in ia
vor of, and Al againft l.
A motion was then made by Mr.. r. Grifwold FOR
the committee rife and report the bill, with view
to its recommtrnen, to afelce committee. This be-
ing negatived,
The COMMITTEES continued ddcuRing the details of
the bill.
Mr.. Z. Clay propofed amend the bill by declar
ing that all unlawful fearch, other vexaton, or inn
Preanent of any of the Of trading vefes coming
to going from the United States mould be puniihed
in the manner defined in the 9Th fiction
Upon fome defultory conversation, and it appear
ing that the idea embraced by the amendment pro-
ivided for by other words in the BILL the amendment
lon.
MIR. T. Raadolbb obleryed that il was not lurpriGng