The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-06-13

ONAh ON pliSS. itt Wds UOppSQ Oy
the Judge, from aufwenng the arguments deri-
we'd from the law of nations and the correipon-
dence, ard confined to the AL of CongreS.
From this he argued that the land neareft the
place of capture was clearly meant by the words
COATS or ihoses, which are fynonimous, refer
ring to the authorities before mentiond, and to
common understanding and acceptations. The
arguments were clofed on Friday laft, and on
Monday, his honor Judge BEE gave his de-
cree.
He ftated the circumstances OF the cafe, and
the plea in bar to the iutiitiietion, viz. " the
capture not having been made gvifbn a marine
lcGsme Of TIE. I6orc Of tie United Sfate5." This,
he taid, was the only point before the Court
and the only guide by which he was to be 60
verned, was the act of Congrefs; as to the law
o. nations it did not apply, as the act was to
govern and rs to the correfpondence, it was
ali prior to the pafling of the law. 1t had been
faid by the council for the libellant, that this
was great & important qucftion, s that it was
the fri time the fubief had come before all
American Tribunal. He acknowledged that it
was que,tion of very comfortable magnitude,
& highly intereiting to us as neutral power; it
was for that reaion he had allowed them full
range, and to throw every poble light on the
queftion, and he confefed that they had argued
1t with great ability and ingenuity but after all,
the act of Congrefs was the only fource from
which he was to derive the true limits of our
territorial jurifdi9ion over the Tea this was fix
ed at marine league from our COATS or flores.
In this cafe he had been enabled, by the teftmo-
ny or the pilots and an inipe6tion of the charts,
to locate with preciiion the place of capture,
namely, in fix fathoms water, outiide the Rat
tlefnake hence it was evident that the fouth
end of Sullivan's Ifland was the neareft land,
consequently the capture was made near fix
miles from the fhore. Had there been any I'M
| certainty as to the diftance, he would willingly
have adopted the rule laid down by Sir w. Scott,
| in the cafe quoted of the - Geroders u. Ro-
| binfon, and would not have fought the exact
measurement with an unfavourable minuteneis,
| but from the peculiar circumstances of the cafe,
would rather have been difpofed to have calcu-
lated the diftance literally. But the fpot is here
aicertained beyond doubt, and is near fix miles
from the neareft land: the act confines our iu-
ridittion to marine league, buta queftion has
ariten on the meaning of the word coats, and
feveral witneiies have been produced, and a
great deal of ingenuity dfplayed to fhow that
the term coats, includes all the ihoals to GER
tain diftance; in maratime point of view this
might be correct, but this contribution would be
too vague for any court to adopt for as the
fhoals vary along the coat, there would be
no liked rule by which to be governed, it would
be impoffible to fix boundary and the diff.
ferent Diftn6 courts of the U. States, would be
obliged to apply various difances to the terms
of the act much uncertainty and confufi-
on would refult from fuch an Interpretation,
the difance would vary with every fhoal. adj
NIT that the United States is the only nation
which has thus, by law, fixed its jurifdiGtion--
but it is not for me to queftion the policy of the
act it is now the law of the land, & therule of my
deciiion. The diRrs6 of the Corvette will not
affect the queftion....fhe might, while in greater
diffrefs, have been lawfully captured on the
high feas.there is nothing in treaty with France
which gives claim beyond the act of Congreis.
The 18th fiction is not releyant....it gives pro-
teetion when failing along the coat within our
!jurifdi6tion; diftin6tion was attempted, in
comparing the aef and the treaty, between the
words jurifdi6tion and protection, but protection
mutt refer to the jurifdi6tion, as fixed by law,
within marine league. AS to the circumftance
of the Corvette being at an anchor near the Bar,
and having pilot on board, undoubtedly they
would have great influence, were there not po-
fitive law, fixing the boundary. AS the queftion
is new and important, have given it the ma
tureft confederation, and am clearly of opinion
that the word COATS cannot have fuch an opera
ton as the council for the libeilants have given
! it, but was intended to mean land as far as low
water mark.
| The plea in bar is therefore fuftained and The
Bill djEmiDed, but qvitbom cots, becaufe it was
the duty of the commercial agent of the French
Republic, to bring the fubjett before the
court.
On Thurfday laft, the esd inf. the Federal
Circuit Court in this city, at which his honor
Judge Johnfon prefided, adjourned according to
law.
During the fitting of the faid court, two bills
of Indictment were found againit Colin Mitchell,
for emitting Samuel Morris and John Roger
fon, to ferve on board the Britiih privateer cal
led the Experiment.
One other bill was found againft Jofepl
Swain, charging him with afiifting in augment
ing and encrcafng the force of the Britiih priva-
teer called the Experiment.
| On the irit Indictment the defendant, Colir
Mitchell, plead guilty, and the court fentenced
him to be imprifoned thirty days, and pay two
fines of one hundred dollars each.
The indictment againft Jofeph Swain was ira
verfed to the next Court.
| ~ CCdarisPon CITY Ga2.
/ -
HARTFORD, (Conne6ticut) May 81.
| AMENDMENT TO THE CONSTITUTION.