The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-15

whole he fubmitted to the Houfe whether the
public fafcty did not refolntely require this ad-
ditional fecurty. He had not however thrown
this idea into form, but If Il met the appreciate
on of gentlemen he would endeavour TO reduce
IL to writing. q.
Mr. T. CIar would make motion which
would lupercede the nece(lity of the amendment
fuggeIted by the gentleman from Virginia, (N1r.
Eppes) that was to Rrike out the whole of the
fecoud fcGtion.
Mr.. E33et akcd if Mr.. J. c. meant to pro-
pofe iubnitute.?
lNr. T. Clay replied that ne did not, as he be-
iieved the bin would bc cfie9ua for its pur-
psfe without any thing more than the iir1 Gecti-
on as it now Rood amended.
On the queAon 20 itr5e out. there were 55
in favour of the molten, and "A againit it. The
fiction was itrucS out accordingly.
Mr.. 7. C2cp next moved 20 ltrike out the Sd
fection, which was carried without debate by
| SIS lima %.
i]lr. Evils moved TO amend the fourth fe6ti-
on, 20 as to read, That If any armed vcfel as 4
| foreiad fnal proceed 70 Tea without clearance,
fuch vclIel, sc. Ghail he forfeited to the ufc OF
| the u. States. Agreed to.
| Mr.. Epbes moved fettion in conforni-
| ty TO the idea he had eXprei'cd when the fecond
fiction WAS under confederation.
| 1t was nearly as follows: That if any armed
merchant vei1el fhall make or commit any de-
probation, outrage, unlawful ai1ult, or violence,
agaiuf any vefel or territory of a nation in ami
ty with the United States, or againtt any of the
citizens or fubieSfs or fuch nation, or make any
other unlawful ufc of the arms On board fuch
vefiel; if fuch depreciation, &c. lhal be made
or committed, as if made or committed in any
place under the executive juriidi6tion OF the u
| nted States, would be murder, felony, or mfr
demeanor, the fame fhal be murder, felony, or
mifaemeanor, as the cafe fhal be: and the
principals and accenaries concerned therein fhal
| be punifhed as they would respectively be in o.
Their cafes of murder, felony or mifdemeanor by
the laws of the United States.
Mr.. 7. Clay faid he fould be glad to hear the
fons which this amendment was founded.
Mr.. Es6e, had itated when he up before the
reafon for which he induced to make this motion.
The right Of making was in all cafes lodged in the
hands of the government: when entered into ci-
vii fociety they abandoned whatever natural right
they lad employ force againh others, and veited
their defence in thofe who qualified exercife
the whole frength of the community. In GO
vernment the contribution has delegated thi, power
exclufvely to Congress. Our merchant veifels have
no natural right arm, does the law Of nations
warrant it. IF then Congrefs extend this privilege
merchantmen, Cougrefs have right to preicrbe the
conditions He had ALTO hated that he did conf
der the bond entered into the cuhon-houie ade-
quatc ecurty for preierving the peace of the nation
or preventing improper uie Of cannon and ball
wealth. Indeed he thought the power confided to
captains Of veiies under this bill dangerous
and therefore Congrefs could not be cautious in
guarding againlf its abufe by every means in their
power 1t is true, the penalty enjoined by the
iecion is fevere penalty; but does afet9 any
one unlss he commits of thofe improper a6s is
intended refrain and if he willingly and wicked
ly does commit crime he incurs the penalty and de-
ierves the punihment aud let him receive it. in or
der to check iinilar Ecentioufneis in others He
confefed fome degree of furprfe that gentlerner
hould a for the reafons the amendment, when they
would not degn TO offer any argumen: againft it,
Mr.. r. Clay affixed If il was meant to attach thefe
penalties a commander who hai in refifting an IL
legal iearch, happen kill wound fore of his ad-
verfarys crewthat right ne thought was fecured by
the law of nations. If ves, shs be attacked by p-
rates, may ihe ref and beat them off, this is the
natural right of FAlfdet.-ce. He believed the provi-
fon of the fr feion efficient to prevent all vo-
luntary tranfgrefEons but ihal man who invoun-
tarly kills another by firing fea for any of
the ufua purpoies, be banged Tfhe is, is not this
then and unuiual punhment for fuch offence
and frIch is forbidden by contribution? Will a.
ny mRn fay that this is punihment proportoned to
the crime.
Mr. r. e;iziss III clerk read rne amend
ment again. for the information of the gentleman from
Pennsylvania, it was very evident to him that he
had mifuuderhood the Object of the fiction.
This being done,
al certainly might have been fpared by the gentle
man; for the punfhment !, exactly the fame what
has been uiua in every place under the executive ju-
rifdietion of Conrgefs 1t ubjets them for fnar
crime committed fea, to the fame puniihment as If
the offence had been committed in this territory of
Columbia. The arms, I, is faid are only given to
them for their defence; WELL will you then take
fufeient fecurty that they ha not be ufed for of
fence; ihall they be permitted repaf, upon the
vees territories of thcfe in amity with the United
States. He could not dif.irgufh why murder COM
ntted on the high ieas fould be lefs murder than if
perpetrated fhore. In both ftuations the offence
was the fame, and the punhment directed by the 4
mendment precfely the fame-unlefs this was al
lowabe, he did not fee how Congress could annex E.
ven an old punifhmeut to new crime. IF however
the offence and the punfhmen were the fame here
tofore, he could fee improperly in pafng the fec
| ton he had offered.
Mr.. Luea, could difeover how his colleague had
inferred that the right Of srning merchant veels was
a natural right, right under the law of nations
He fuppofes neutral may reiff Illegal fearch or de-
fend himfelf againt pirate. On thefe points he
need add any thing, as they had been fully exem-
| pi6ed by the gentleman who moved the amendment.
As to its nAiding and mutual puniihments, he
could not make that dcovery either the puniGment
was the fame fo7 Tire offence when committed at fea
! as If committed in the body Of county the only