The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-22
C o N C R E S S.
HOUSE OF REPRESENTATIVES,.
JANUARY 9.
DEBGTE

DEBATE
On tie bin prov.din2 for tie pnniG'meai Of GER
tain CRIMES again9 she U. States.
Mr.. BlDWELL fad that gentleman from
Virginia, whom he did now Gee in the Houfe,
had, on former day, iuggefted that this bill
was deficient and needed an additional fiction.
He was of the fame opinion. We have, he oh
ferved, fatute rendering it criminal to begin
or fet on foot or provide or prepare the means
for military expedition or enterprise to be car
ried on againii any foreign prince or rate, in
amity with the u. States. For fuch an offence
apuniihmrnt was provided, and fome preven-
tative means were authorized. The PRECEDENT,
in his meliage, had fubmi,,ed to Congrefs the
propriety of adding one further mode of pre-
sentiou, by extending the ordinary procefs of
binding to the obfervsnce the peace and good
behavior to acts TO be done out of the limits of
the u. S. A recognizance to keep the peace
and be of good behavior towards the u. S. was
forfeited by any offence committed within the
body of the u States. but not by an att done
on the high feas. A hottie enterprise of any
private cit1ens againit nation in amity with
Ne, endangered the peace and intereft of the
u. 5. Among other means Of preventing that
evil, It would be uieful, and might Be neceffa-
ry, TO bring within the reach of a recognizance
for keeping the peace and being of good beha-
Nor fuch acts committed without the limits of
the U. S. as would, if committed within our
jurifditfional limits, be pnnifhahle by the ita-
tute referred to. a proviiion of this kind, he
Thought would properly make part of this
bill. He therefore moved an additional fiction,
IN the following words
BE IL enaded, That if any perien, for whole
keeping the peace and being of good behavior
recognizance fhall hereafter be entered into,
in Purfuance of the laws of the u. S. fl,all du-
ring the term of fuch rccognizance, without the
limits OF the U. S. carry on aid in carrying on,
or begin or let on foot, or provide prepare the
means for military expedition or enterprise
againtt any foreign prince or fate at peace with
forfeited.
Mr.. QUINCY faid he did not perhaps un-
eerttand the motion, but it appeared to him to
extend to any recogniZance that might be en-
tered into, in the u. S. lffo, it was a very ex-
traordinarY proviiion, and went to affect tranf.
actions hitherto conidered harmless, and e.
ven on 4 fcene TO diftant as Europe or the Eaft-
lndies.
Mr.. BIDWELL replied that his colleague
had not taken correct view of the fiction,
which did not apply TO any recognizances that
might be entered into, but excluively to thofe
fc: keeping the peace and good behavior to the
u. S. which recognizances would under ex-
lifting laws be forfeited for any of the acts emu
merated in the bill, If committed within the IL
mits of the u. S.
Mr.. QUINCY. Suppofe merchant of
the u. States enters into recognizance, goes
to the Weft-Indies, and from thence fuppies
either France or England, both of whom are at
peace with the United Statee, with the means
OF carrying on an expedition, the one againft
the other is it the meaning of the gentleman
that recognizances under fuch circumstances
fhould be forfeited
Ma RIDWEIJ The Drov;Cion reI.t.. n,
ly TO recogniianc es made under the U. S. and
to acts which IL committed within the u. S,
would be by exiting Gatutcs indiStabe ofen-
ces.
Ma. DWIGHT faid that if he uuderftood
the feetion properly. it was as exceptionable
as that already ftricken out. 1t appeared tc
him to prefcribe that if an individual in this
country fhould enter into recognifance and
give fureties in conieGuence Of certain act
committed by him within the US and fhould
afterwards commit other offences out of the
US. his recognifance fflal be forfeited and the
fureties become refponfble. This fecmed 20
hin the .!.ot extraordinary attempt ever made
in a Legislative body. The courts of the u. S.
were authorized 30 require fureties 10 an I'M
limited amount. Were thefe fureties to ex-
peel that fuch recognifance ihould extend 20
the whole life of the perfon for whom they
became bound, and 70 the other offences which
might be committed by him out or the u. S.
Who was to deter mine whether thefe acts were
or were rot committed. If this was the OBJ
ieet of the fiction, il was one to which he
hoped the committee would never give their
content.
MIR. N. WILLIAMS obferved that he did
not feel the force of the objections made by
gentlemen to the amendment under coniidera-
ton. He confeiTed, however, that he might
not underfand the fuljea well, as he was not
in his place when the amendment was pro-
poivd, and had not time to examine it az he
ought, to give an opinion as to its reetnefs.
But ifthere was fon1ething novel, fureIy there
was nothing inconiiRent or improper in its
prov6ons. 1t fcemed to him as only extend
ing that practice which was adopted he believ-
ed in every fate in the union, Of binding citi-
zens to their cord behavior upon proper
grounds, to cafes which might arife out of the
jurifdiefion of the u. s. And this might be
proper, in order to Preferve peace with foreign
nations. But Eome gentlemen objected to
fuch proceeding, on the ground that the re-
cognfsnce would he general, and that 1t might !
be very difficult for citizen to find fureties a.
glinit Offences not particularly fpeciaed. To
which Mr.. w. faid It might be anfweTed, that
there is no man perhaps in fociety, that has not
Inrne friend or neighbor, who will be bound
for his good behavior in whatever place he
may be--and that if fufpicion was 70 firoag and
we'll founded again0 him, as to difable him to
s,bt ain fuis Cecufifv The ueacs and welfare of