The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-10

Mr. J. Clay faid Il appeared 20 bin that tai.
,eeion eare mot extraordinary powers to the
luitices of the peace. In the fiate which he
repreftnted inftice of the peace was au,horic
ed to bind over an individual until fupcrio,
nudge or court mould have an opportunity Of
''veRrating the cafe. Bot, according 70 the
iiror'iiors of this fiction, an ignorant ;utice OF
The peace might bind over 40 individual, or I'M
p'ifpn him for year, or longer, IL he could not
'fnt! turstles FOR his good behaviour. He would
ALTO enquire what evidence was required of the
intea,ion of the accuied to commit; the acts re.
cited in the bill ? The expreflion was "when.
ever it a,ali appear 70 The Gtisfattion" of any
Iudge or juftice Of the peace. No evidence was
rtG aired of an overt ac: X appeared to him
tsE this provil:on was extremely dangerous.
lie therefore moved to firike out the fiction.
In reply il was fai1 Ivy Mtfrs II. Melton and
DsWfon TINT tire ohirSt Of tbs {. Stion was 10
give 10 iuaices Of the peace with regard to the
as,s agsint the peace Of the u. S. made puniil,-
a:,e ~ the hill, the fame authority they poi
f:(frj in The cafe OF crimes coa,mlted sga;nit a
foreign power.
In the prcsrefs of the dfcnGion /, was fur.
ther remarked by MIR. J. Clay that this iS'oion
went 10 l.u;:it,l ps;tcas on mere fufDicion.
This appeared from comparing the provGons
of thr Ert irtStinn with ,hoie OF this fiction.
The former provided for the runiihment OF
periohs who Gould within &c the territory or
iurfdidion of the United States, begin or let
on foot, or provide or prepare the mems for any
military expedition eUtSipriZ., with intern
oe taking pofT> I'll IN OF any fo:t. aTfena, maya
zine, siock, navy yard, OF sny public veheI Of
the United States of nva'.iog or occupy
ing with AT rel iorcc, AIRY part OF the United
States. or the terr,or thereof, with intent,
in any oher mannel, of lsvyine war againt the
4 Il I, q
the faa fatet or y ho with intent, as afc ef i'd
fhail combine o. confpire tocrther, or ihall
counis, advifs, or attenp, to ftt on foot, Pre-
vide or prepare the means for any fuch military
expedition or enierpriZe, or tD procure any IN.
ion, unlawful aiiembly, combination,
for fuch purpofe, although iuch expedition or
enterprise fhail not be carried into effect, and
whether fuch conipiracy, council, advice, or
attempt, ciali have the propoied cift6t or not"
On examining the third feStion it would be
freu tina. this extraordinary power was given
20 any ju'tice of the peace to whole f,tisfa6tion
il fhsli appear that any person Intends to esasnii
Any fuch mifdeInranor nir. Clay faid he WIFI
~,i to know how il was To he af'ertaned whe,.
perfon meant to intend 20 adviie The fettirg
on foot military expedition, or what degree
OF crimnali,y would attach to a perfon intend
ING TO adyise to the making Of fuch preparations
lie truned the itft!cn would he nricken out
ard that the committee would rife, in which
cafe he would then move to recommit the bill.
Mr.. X. Melton acknowledged the fetfion tc
be fufceptiblc OF the meaning given it by the
gentleman from PennEylvania, which, however
he faid hac not been Intended by the felea com.
,1lltee who exported the bill Bat he hoped
that the fr&ion, i;slicad Of being ftruckcn out
would be amended Il appeared ia him that i,
might he 70 amended as To remove every o'.
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evidence to be given on oath before tie Judge
or juftice were empowered either to rccugnif;
on commit the accnfed, and by limiting the re
coenizsuCe or confinement until The rext tern
Of the couet, and by ftr.king out the word
&c nen,;s 10 commit" he thought the fcttior
would he rendered uuexceptionah!e. If tht
motion 10 itrjke ont ibCuld he rejected, Mr.
N fad ne would offer IN amendment 10 this
eRe2-- In iliks cut the ;Xceptio,-ble part o
he fetton, ard provide that any perfon whs
ShaiI commit miidemeanor aganit the a6
nay be bound over by ain6icc orjndge, TO hi
good behaviour 10 the rcxt term. or be CON
mitted in cafe he fails to fad Glrelies.
A deba.c Of conG,ierakle length enfued OF
Mr. J. C!ay's motion, TO ilrilse out the fet1ion
in which Melifs. J. Clay, Ely, Dana, Holland
Fifl, Quincy, Kelly, Dwight and Haftngs fup
ported; and Mei!rs. r. Melton, Southland
Sloan, Cook and Alton oppoftd it,
By the former gentlemen the principle en-
braced by the fiction was pronounced uncoufti
t.itional, unprecedented and dangerously in
vafivr Of the mot facred rights of the citizen
BY the latter, The nsceiii:y Of modification
conformabe TO that fuggefted by Mr.. Ne!to'
was admitted.
As there was no Ga5Raniial difference Of OPT
MON avowe1, we deem it altogether iuperfiu
Gus to enter into wider detail Of The argument,
adduced.
The motion 10 flritc cut me fiction was car
ued hY , large majority, so members rfng il
,he affirmative.
The committee then rcfc ard aG;ed leave t.
81 again, which was refufrd by the tIoufe
when on motion OF M. J. Clay, the hill wa
recommittcd to the fciett committee, who in
frodnced it with the addition of two members
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