The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-18
[ Y oLUME l.

4 AGO-Ptt.cIlt.
Mr. X Gri,wold) was in part correct ; the Of
fence of mitdemeanor contemplated by the PRO.
poied fection was not mentioned in the law of
| 1894, the offence of mifdemeanor defined IN
| that law was that of fitting out or armiug any
vehe within the United States for the purnoGa
of cruliing againit nations in ainty with the U.
nited States. He moved therefore TO frike out
| the words, 's or rnitdcmeanor," rs often as thry
occur, IN order to teparate them from tbof;. OF
"murder and felony" and to form diRina and
tubicquent period in the fiction in relation to
that iuhject, by faying, "and if the offence he
or a LET'S degree, it iha be high tniidcneanor
| psn'fhable by fine not exceeding
dollars, and imprisonment not exceeding
years.
Mr.. r. Gr/sVoU agreed that it was proper
to ftrlke out the words alluded TO, but he had
doubts Of the propriety OF infertiug all thofe
With were propofed. 1t was plain that there
was no general law of the United States, de-
ciaring the nature of the crime of nliidsmeanor
or ITS Punlihment. 1t is true, that there are Ee-
verai OF cur ftatutes, which prohibit certain foe
cited things, and the perfons guilty of commit
ting Them are deemed guilty Of hioh nffde-
meanor. But the terms ufsd in the C.Iaion re.
ported by the committee of the whole, have no
reference TO any of the clafs of crimes defigna.
ted IN our ftatutes. 1t refers merely to the ee-
neral common law under the head miidemean-
or. The gentlemen bring in a common law de-
hntion Of mitdemeanor, and give if A range o.
yer al that c'ais of offences which it reaches in
England. He wiihcd the gentleman however TO
meet the other objection, and anf.yer whether
the offences of murder and felony are not alrea-
dy provided for by the laws of the U,ited
States. lie believed fill that the law or 1890,
embraced the very cafe now intended TO be
provided tor by the amendment. IF the fiction
is adopted, are offenders to fufer death urder
the law OF 1890, and again under the one of
1904. Can they fuffer death twice; he thought
if they filffcred once, it would be fufficient for
an atonement of the crime. IF mifdemeauor
is to BE defined and punffed by the Eecfion.
let the gentleman confne his amendment to
that crime alone, and TO modify it that it does
not re-enact an old law ttiii in oxiftence IF the
gentleman did this, though he doubted the ne
GETTY OF the meaiure, he fhould not Object.
Mr.. J0ek/on taid there had been two ebiec-
tons made by the gentleman from Connecticut
and the gentleman from Vermont, (Mr. K.
Griwold and MIR. Elliott IF they were attep-
lively examined and compared with the contti
tuition and laws of the United States, they would
be found not Tenable. One OF the objections
was that the contribution of the United States
did not authorize Congrcfs to egiflate on any
other crimes committed on the high feas than
thoie OF piracy and felony. He would aG them
whether all other offences were to 90 unInni!h-
ed. But he reminded them that Ike words os
- in the fame pa,a-
puuiin offences dxnIn,.
not Hliidemeanor committed on board 4 w.
lei cogniZable by the courts of the npionp Fo-
initancs, L gun is cfcharsed at another vefT;.I
belonging to nation in amity with the United
States and does comfortable damage thoueb if
may not amount to piracy and felony, is there
no remedy? Surely by the contribution Co.
greiS have the power of declaring it rnirde-
meanor, and of puniifing it Accordingly. IF
they nave tnis power, and ts believed, :; x,c,,i,
TO longer be denied that they had if. then the
qleitton woula refolve itfelf into the expedien-
cy or exercihng it at this time and enopirv
might be proper TO afcertan whether the ex-
h.lns laws provided for the cafe. The aa of
1890, upon which the gentleman from Con.
nectcat (Mf. R. Grifwold) relied, would be
toHnd on examination not to embrace IT, S,n-
pole IN firing into foreign veIcl, ? rn.ir;nv
Is committed, or a leg or an arm flot oS. is
this cafe provided for by the law of 1890 II
is not felony, nor is it piracy, the only two
cafes provided for by that aGS. Ifindeed the
Gale was provided for by the act Of 1870, it
could not operate AS AN objection 70 inEert i in
this bill, becaufc the bill was intended ia drayy
INTO itielf all the regulations on thi; head.
hat Congrefs had the power Of leeiflation on
this point, he truited would no lorrer lie dic.
puted and having The power, the necelftv Of
the cafe required its eXercife. IF nothing fur
ther was added to the bill than what was con-
tanned in the frtt fe6tion, nine teuths Of The of.
fences committed at Tea would go ,irpurif,ed.
\ Mr.. Elliot did not mean to give the force 70
I've extract from the contribution onofe5 by
him all that range which the gentleman iuG
fat down had chofen to extend he however
admitted that being a confitutioral ouenion
1t deicrved ferrous and foenn deliberations. II
had been often faid that the contribution of fhe
United States rs limited grant of power AMI
that the powers not therein granted are rcferv-
ed to the hates or to the people admitted.
By the contribution then Congrefs arc authori-
fed TO define and puniih piracies or felopies
committed on the high feas; they are alto su-
thorifed TO Punifh offences azainf the law ofna.
tons as ftaied by the gentleman from Virginia
(Mr. Jack'on) but where is the power given
them by the contribution to punifli m;flemean-
ors Il IS, however, confended that a miEJp-
meanor may be m offence againt the law of
nations. Midemea1ors means literally il!-bc-
haviour. lie would not however DENY that
miidemeanor in certain cafes might amount TO
an offence agdinf the law of nations. and liz
iuch an event might be punifhable as an offence
aganft thofc laws.
~ be Lao. x>f t-oo e. r