Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-01-19


confined 70 cases arising on board QUO ar
armed vessels. ASls committed oy per
sons legally commissioned TO carry arms
are not termed acls' OF pstacy !; in orsi~
to constitute piracy it is essential that Tn
Vessel has no ssg~l sanction to bear arms
That Is case that caupot arise unde
the prSsca. measure, which is to give
legal sapSti3n 10 our merchantmen 10 arm
oAiS restraining them by penalty an
corporal punishment, il they abuse thei
trust II wss necessary in order to en-
brace this offence, that the definition an
punishment should both be declared in tb,
bill! he had cndesvored so to do.-As Il
the perfection or isnperfection ofthc secti
on niss present form, he should sayno'hine
more than il appeared to his mind ade-
quale TO rhe end proposed. II however
the gentleman from Vermont thought o.
thcrw;se, he should be happy to hear him
,,oint ont The mode OF improvement.
Afr.f, Grisyo,d said TINT whether the
rffee,s', 70 be produced by this section, so
lar as re!nlea 10 murder ard felony,
~ere realIy provided for under the exist
ing laws. he would rot assert positively
but he believed that neither the existing
Jaws nor this ssetio, made any provision
orthepunishmento misdemeauoss. The
offences defined and pnnishrd were pro
vlded for many years ago, in 1870. Dy
that taw murder VAS punishable with
dea,h,-the same crime and punishment
were revived in this se@ion, aud SO It is
IN case at felony. Why then pass a new
law on this sahjs0, Or does the gentle.
man raeaa to infer that because murder
or felony may be comrai,tcd by armed YES.
sells which are to be punished, ,hat there
Fore rnrrder or felony committed by I'M
srmet vessels shall pass with impuni,y
Vie pies,tocd in both cases they were muir
des orfelony, ard in both cases ihey wer:
20 be punished under The existing laws
He say no occasion to multiply our STA.
tu,es nrnecessaT..y. With respect 10 The
punishment OF ,nist.emeanors, lie should
reIrark ,ha. the constitution gave TO con-
gress The power TO define and punish ri.
"acies and Ieiohies committed on the high
seas,,ar.~ -,o,.r,;:.,.. or the law Of natior...
Those who aelea cn this sube0 before
us, he. presumed acted under an impress.
son taa, they had zone TO the extent Of
theft powers il defining pisacies and fe-
lp,sies, and that definition OF misGcmean-
crs Was rot in tEtir power. But suppose
thSsconsiiu6on gave this power TO con-
arSss, dies tie section provide FOR it ! Ii
oefaialy does not. 'Wi.at says the se@i.
on, that persons guilty OF misdsm.anors
shall be punished as other misdeneanors
arc punishable under the :aws of the Unit
ed States. lie coa.d not hni any statute
lathe hooks defining these m:sdemeanpis,
or ipfliSting punishment. How then
was the ofisnder 10 be punished, if there
was no gep.ral law on this poiot, and from
the cursrty view he had given the .tatu,es
he hat found none: the section would be
altogether nngatory so far rs il related t
.misdemeaners.
MIR. Erpes could not refrain from ex
pressing the surprise he felt that gentle
men should contend that nisdarns ano
was term unknown in the statutes cor
gress. He had just dipped into voium
CT The laws, ard he found it in almost eve
~ one which respected the crimiua. ID
ri'prudence ofthe United States. Some
times an offence is defined high nisd,
.rneanor; AT other times simple misdr
measor. Under the aa OF Jnae, i79,
there we're several mis1emeaaors, part
cu'aTi1 expressed accepting the com
1Daad OF an armed foreign vessel was :
1risdeTeaaor'--e'crc asing the arnlaTnen,
Ct such vesaei within The United States
gas a niisdeIneanor, and others 10 which
panishments are annexed. lie believed
'ae "oidlng of the seesion 10 be correct.
Dit as gentlemen doubted it, he should
"a; wish topfess the adoption ola correct
F.|cipie IN incorrect langusge-and 10
give line for the required alteration, ne
moved an adjournmeni.
ADD The house therenpon adjourned.
10 be continued.