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


ry man failing on the ocean who iball require
it. Do you grant even letters Of marque in this
way BY no means-What fhall A, B, and c,
perfops we know nothing of, becauleth can
6gn bond, wit h feCurity, range the ocean I'M
der the function of the Gag of the Union, to
make war uron other nations, and exerc:ie a
power which the contribution declares fhal be
exercited exclutivcly by congrefs. He did not
believe the good ienfc of the committee wos,d
permit them to confer the power OF making
war on any fet of men, however virtuops ref
pecfable, much lefs to commanders of armed
merchant veliels, cruiting in puriuit OF wealth
or plumber. No, they would certainly prefer
TO retain fuch an important power in their own
hands and he was well perfusdcd that the
public peace would be Preferved but very
ihort time after the moment that cougreis pvt it
| in the power of Others to make war. For what
ever may be the character of fea captain, if he
| executes his bond, he is entitled to his arms,
| and is any gentleman weak enough TO believe
that bond to the amount of the value OF the
veilel will refrain an Incorporate perfon from
| uhng arms when he is rritatcd bv an anticipated
detention or fcrutinizing overhaul 1t is we'll
known, even in civil life on ihore where every
man is equal, how difficult il is to refrain the
vindictive paifions of hafty tempers. The diff
Guilty was much greater. at iea-He really
| thought the rifQue too great to be eutruhed to
this body of men. He was, however, willing to
protect them in every Lawful commercial pur-
| fuit, as far as the arm of Union could reach.
| But he would not content to put the national
vengeance in the hands of any man, or f,t of
men, with whole characters he was unacquaint-
ed, and who for all he knew, or appeared to be
required by the bill, might be totally Regardless
of all the ties of virtue, juftice and national ho
| nour.
! The queftion on Mr.. Eppes's amendment was
| Jho in Ike AFR mi md g in
the negative the motion was loft.
! Mr.. CroqvninEieH moved TO frike out the
provifo and the fecond fiction.
| Mr.. i. G. Smith conceived the motion out of
order the provifo belonged TO the irf fiction,
and that was the fe6fion under confederation !;
| the committee had not as yet reached the fecond
fiction.
Mr.. Crosvnig@irldthe then propofed to ftrke out
| the provito alone, which was agreed to by the
committee, So againft So.
Mr.. 7. Clay faid that he did not think the
bond of an owner or commander for the value
OF the vefiel was fufhcient he therefore moved
to forfeit alto her tackle, apparel, furniture,
and cargo. 1t was well known that in many
voyages now making the forfeiture of the veGel
would be but triHing lofs, compared with the
profits made upon fome cargoes, and that mer-
chants would cheerfully incur the penalty, ra-
Their than decline voyage wherein fuch great
profits were TO ariie.
Mr.. EuGiJ admitted in fome cafes that the pc
nalty might not be too great but there were
others in which it would be out of all proporti-
on; inftance an Eaf-Indiaman with cargo of
4 or 100000 dollars; he feared requiring fure-
ties to fuch amount would greatly interrupt
that branch of commerce if not totally prevent
it.
Mr.. CrozvnbNield objected to the infertion
of the cargo, but had no obe6tio. 10 the tackle,
ann and ftt-D han,r tt.l al.
vefle.
i Mr.. i. Clay. The gentleman knows that
the bond given in the cafe of Eaf-Indiamen is a
/ mere formaity; that trade being on account
of its profit, one, in which there is no danger as
to the improper conduct of the captain, men of
reipectability and good character always being
employed; but the proviiion is intended to
prevent iliega! voyages under an idea that the
profit upon the cargo will more than cover the
condition OF the bond he had no objection to
exclude the cargoes of Eaft-Indiamen from the
| effect of this bond but in the cafe of Wet in
diamen he thought government would not have
an adequate fecurity unlefs the value of the car
go was made liable as well as the veffel.
| Mr.. Goddard aiked if it was intended to take
| two bonds, one of the owner, and the other of
| the commander, and to be for double the value
CT !e Tetfei, and ,ioube tine value of the cargo
in this event the fccurity would be quadruple :
of gentlemen, whether it would be proper to
embarrafs commerce in this way. 80
| Mr.. 7. Clay. That may be eafily obviated
by making it joint bond.
| The queftion on the amendment was taken
| and agreed to; 6s againft 80.
Mr.. Clarke thought while we were impo6ng
penalties on our own citizens it would likewifc
be proper equally to refrain foreigners; he
therefore moved an amendment to infert after
the American owners of the vef1el, the words
&C or any perfon or perfons refident within the
United States.' This would refrain aliens
from reaping the profits 70 frequently mention
ed-agreed ia.
| Mr.. Cro9UninJRieId moved to add the follow
ing, provided that the regulations herein con-
tanned ihal not be confirmed to extend to vefIels
bound to any country htuated to the fouthward
of the equator"
Mr.. 7. Clay faid that would not refrain vef-
felS from clearing out for the coat of Africa &
returning to the Wet Indies.
| Mr.. Smile afked if the words were not the
fame as had been ftricken out: if 70 the motion
was out of order.
| Mr.. Cro7Uniabield faid the words were vari-
ed; the former provifo extended to the Mediter-
ranean, and beyond the Cape of Good Hope !;
here not word is faid of the Mediterranean,
but the language is confined exclunvely to the
| ionthward of the equator.
NT.l.. l..