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

the Tea hoard, and then adding permiliion to
the Rate To call in the aid OF the army and feet
OF the union.
Mr. ,. Randolph sr<ed if he underftood the
gentleman right. Did he mean 10 authorize the
fate officer to execute his prcceis within the
United States juridi6tion, and make the killing
of the officer or his aiiiftant felonious homi-
eide!
Mr.. x. CriIzoold, meant to give the power
to the fate Officer cxprefy and in that cafe, if
rcf;ttance be made, mott Individually j; is feloni-
Gus homicide.
Mr.. Nicboion was not convinced by any
thing which had been faid, that Congrefs have
not the authority To call out the militia in order
TO fecurc the execution OF the fate laws but
he was not generally tenacious of his opinions,
and he would be the lat man in the world TO
give his ai'cnt 10 the aiiumption of powers not
granted by the contribution, and if any reafona-
bic doubt exiitcd he would certainly refrain from
prenng the queition. He had no objection to
the alteration propoied by the gentleman from
Pennsylvania (Mr. Clay,) but he could not
content TO itrke out the whole fiction, as he
conceived it gave the very authority coutended
for by the gentleman from Connecticut. He
wiH,cd the bill to be rendered as eflicacous as
poiiible, and in order TO remove the objection
r7fcd by doubts as to the couttitutionality on
account of calling forth the militia, he WAS will
ling 70 hrike that part from the bill.
Nj. G. ". Camb6eN-This fiction contains
In principle of much importance, though not yet
touched upon by any of the gentlemen who
have engaged in the difcHliion; and the manner
in which the Houfe may now decide thereon
will go to fix precedent upon which the free
dom and independence of the individual fatvs
may be placed in jeopardy.
The ire objeain the fiction is to authorize a
n 4 49,. A., al,
go beyond The limits of iuch, and of courfe be-
yond its iuridction, to execute itate proccfs up
on an offender efcaping from jutcc. He did
not believe that the United States were compe-
tent to give fuch authority, or that the United
States could extend the laws OF the everal ftates
beyond toe boundaries of the fate for which
they had been enacted. For this rcafon he
meant to oppofe giving this authorityto fate
officer, but he would be clearly in favor of max
ing flch provilion as would more efectualy
preferve peace in the ports and harbours and
waters ofthe United States, and at the fame
time remove the doubts fuggeted by gentle
men ON both fides. He would be for introduce
ing into the bill, inftead of the prefent fiction,
"a provifon, that when fuch a crime fllall have
been committed, and the party charged had e.
fcapcd into the United States iurifdiaion, the
fate officer having received the fate procefs
might exhibit the fame to- proper officer of the
United States, who fhould ihue anew warrant,
aud upon fuch warrant the offender cfcapiny
ihould be anefed. This he conceived to be the
only mode in which Congrefs had conftituti-
onal right to reach their object, or to aid the
fate government in experimenting offenders.
He was clearly Of opinion that the powers of
!hcriff could only correfpond with thofe veltcd
by the writ, which never did more than COM
mand the perfon TO be taken, if he be found
withir your bailiwick or county if you extend
his powers in the manner contemplated in the
bill, the fate officers of Philadelphia, will be diff
patched with fate procefs to execute in
Charlefton.
He had always been of opinion that each
fate had right to call out its own militia, to
carry into effect their own laws, and that the
United States cannot require it of any fate Off
Ger to call forth the militia to carry into effect
the laws of fuch fate but he was alto of OPT
Mon that Congrefs may authorize a fate officer
TO call upon the United States officers to aid in
the apprehension of fugitives from juftice but
here We could only authSrife them, and not
compel them to make fuch call if we could
we fhould annihiIate the very exifence of the
fate governments. This provifion being made
he would go further, though he was not willing
to authorize every uitice of peace to call TO his
aid the military and naval forces of the United
States, yet he was inclined to draw out this
force wheae-es :, 5Sca;;;c aecea!aaT;y, under the
direction of A proper officer to carry into exc
cution fate proceis, where fate was incom-
petent to that object.
He would briefly mention another objection.
II was to that part of the fiction which relates
to punlhment in cafe of reffance. He con-
ceived this to be altogether unnecenary. When
the United States authorize their officer to ex-
ecHtc procefs, he is armed with all the requ-
fife power for its accomplishment, and as long
as he aas within the authority given to him he
will be iuitihed in his conduct, and all who op-
pofe him will be guilty of fuch crime as is
known to the laws in the quarter where oppo-
fition may be given. This part of the bill ap-
peared to him TO be unnecefiary, and if unnecef-
fairy it would be found alto announcement. Whc-
Their the killing ofthe officer or his a!1ifants was
murder or granddaughter would be determined
by the facts, and the puniihment in either cafe
would be found under the rate law, adopted
from the Engliih law to which a cosrt would
have to turn for its deci6on.
Mr.. Nieboij0n wifhed that gentlemen, before
they found fault with the bill would pay more
particular attention to its provifions. The gen.
tleman Taft up had fuppofed this bill cnjoined
upon the fate officer, as duty, that he ihould
call in the aid IF military force to execute the
Fate laws. That was not the cafe ; the bill on
ly fays it iha be lawful for him 70 to do. 1t
was obferved fome days fince that our ftatutes
affixed punifhment to the offence of rcfiftng
a civil procefs confiting of fine and imprifon-
ment but this being different crime when at
tended with killing, It became necefary in order