The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-08

It wouldthrowthe feamen II pon the mercy ofa lin
T., gle magiitrate. But the erejc.nt law alreai,
] iubie6ts the dn,-yican feamen 70 fich an autho
rity: and ihall we then put the foreign f,i.or
upon better footing than our own? Tie IN
depreciation of our magistrates already confer
upon them this tyrannical exercifc of authority
| If tyrannical it can be called. They have made
the word "any" to mean not any icaman a,
| all, but any american ieaman And fhall we
then fubjeGt our own citizens to this undue au-
thority, without extending il TO foreigners
The I'd fiction OF the prcfent bill fupplies A
deficiency in the former law. According to the
Interpretation of that law, no ieaman or mari
ncr could be redeemed, unlefs he had contraSt-
ed and could contract for himfelf 1t had not
been extended to any apprentice bound to a
captain, tome of whom are in almoh every vef-
Eel. What isthc consequence? Theft appren-
uce! frequently run away from their veflcs. Ii
was to remedy this Inconvenience that the oi
fiction was introduced into the law; for It gives
rnagiitrate the fame power over them, As over
other ieauleu and mariners.
The Sd proviion in the bill fupp.ics defect
IN the prefcnt law. II is to- enable a maginrate
before whom an unfortunate and il-ufcd f.a-
MAJ has been brought, to cancel the contract.
According 20 the exiting fyten, a captain may
nave already treated his ieaman with the utmot
harbarity; nc may threaten TO continue his per-
tccntion after he leaves rhe bounds OF the Unit
ed States, and what remedy has the feaman !?
He may cite his captain TO appear before the
magiftrate he NAV have him bound in recog-
nizance to keep the peace. But this recoeni-
Z1nce is not binding out of the United States,
and even if it were, it was fill necenary to try
him in a court ofthe u. States. But in the mean
time the victim would be in his power and fuf-
ferlng the utmoit periecutions. This proviio
then is introduced into the preient bill: That
1t the magitrate is ia.iSfed he has been ill-ufed
or If he has any good reafon TO believe that he
will be 70, he may then difcharge him from his
contract.
Mr.. Tazewel concluded with obferving, that
tins bill was all important to the commercial part
OF the commonwealth, & particularly to the bo-
rough OF Norfolk, where more bulinefs is done
perhaps, than in all the other parts of the fate
put together; at the fame time he believed that
1t was not altogether unimportant to the agri-
cultural intercit. Should the remote parts of the
Rate, however, entertain different feutinlent.
he truftcd that the collective representatives OF
the country, would extend their concerns to G.
very individual part, and that each reprefsnta-
tatige would do unto others ds he wihed others
to 90 unto him.
MIR. Smyth (of Wythe) obftrved that there
were fome proviGons of the bill which he wiihed
maturely to conGder. He wifhed 30 enquire.
how far the prefent billwould tend TO violate the
peri nal liberty Of the people how far fuaie6f
or this fort was under the executive iurifIietion
of Congrets, from its controul over commerce :;
how fsf it would encourage foreign at the ex
pence of Virginia veiIeIS. He wiihed alr, 70 en-
quire how far il WIS proper to fsbjett the A,ne-
rican sailors, to 10 extenfve power in the hands
OF foreign captains. Hc doubted whether it
was correct to FAY, that England or in France,
the iubjetts Of each were redeemable by an ~
merican captain. He doubted the propriety Of
giving up an American citizen to the command
er OF foreign veiieI, which would make him
liable to an impeachment by an armed veffel,
or to trial for any crimes which might be al
!edged asainlt him. rs his opinion was not
m ade up on thefe different queftions, he hoped
that the bill would be committed to com
mittec of the whole.
Mr.. Tazewell faid he had not the leaf o.
lection 70 an alteration Of the bill, provided it
might fill be made to '.xte.,d 10 foreigners. He
had no objection to ltriking out that part of it,
which inbieGted an American feaman 10 the au-
thorIty OF the captain of foreign vencl.
The bill was committed to the committee of
the whole on Wednefday.