The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-07-04

L
pie as carry OH ,nc Illegal trade in the state
in which live, they do not live in the part
which / represent, but ON the seaboari. AS
1t relates to that state, nine thousand nine
hundred and ninety nine would be opposed
to the trade, for one that is in favor of 1T.
When we talk about its influence on our re-
iatioDs with France, or in producing war
with her, the question dwindles into nothing.
It is nothing to civil war, and that of the
worst kind. Compare the war carried on in
St. Domingo with all the horrors of that
carried on in Europe and the latter sinks
TO nothing in the comparison. had rather
be at war with both belligerents than have
this trade. 4. - .
Mr.. Dana said he thought ii was desirable
that the legislature should pronounce the
political import Of the term dependence,
rather than that it should be left to Judicial
decision but he was not certain. that the
amendment proposed to define it in the best
manner He believed the general idea of
the mover to be correct, that there should
&c a definition. for he understood that a
question had now arisen, which might be
referred to the courts, and he thought 1t pc
culiarly unfortunate, that the judicial authO-
rites should be called upon to decide. For
himself he said he was not at all satisfied
that the construction of the Secretary ct the
Treasury was a correct one he was by no
ical dependency Of France. For himself, he
was not by any means solcitous to enter into
the question of the superiority. OF black or
white men. ! am not (said he) such a de-.
mocrat' as say that all men, whatever be
their eolors, should be liberated and placed
oman equality. Iconsider myself on all aues-
tions of this sort as republican under the
federal constitution that is, a friend to cleo
tive liberty.-But whatever be my theory,
lis,l l>,-.t nj q
States, which does not permit me to in
Sluge in theories on this subject. Whate-
yer shall tend to disturb the state of things
IN the Southern country, state OF things
which by implication consider as guaran-
sced by the constitution, shall consider as
not conforming to that constitution, which, as
u federalist, i am bound to respect. AS the
introduction of this amendment into the bill
might effect the question of the indepen-
dence of Hayti, or interfere with the relations
between St. Domingo and France, should
be unwilling to adopt it and yet think it
proper that some definition shall take place
of the word dehendenoe. Under the view
which Ihave taken of the amendment, how
ever. cannot vote for it.
The question was then taken on Mr.. III
Dermore's amendmentby Yeas and Nays, as
follows:
YEA-Mr. Livermorc
tive, except Mr.. Livermore himself.
Absent en- this vote, forty three members,
Wis.
Messrs breckenridge, !. G. Chamberlin,
Champion, Chittendcn, Cloptob, Crist, Da-
renport, Denning.. Ely, Gardener, Gray,
Hale, Hubbard, r. jackson, Jenkins, henan,
Key, Love, Lyon, Matthews, APBrde,
M'Kee, Miller, -Ddoseley, Nelson, .Nesybo7d,
- Nicholson, Pearson, fitkin, Potter, Ross,
tpLm
Sturges, Taggart, TaTlmadye, Upham, Van
Rensselaer,, Wheaton & Whitman ;; of whom
those in Halle are absent from the CITY on
leave, except Mr.. DenrinS, who has not Ia
ken his seat.
Mr.. Gold suggested an amendment othe
bill i'm the part providing for the recovery
and distribution of such fies as g haze been"
Incurred under the sections OF the non intcr-
course &C. revived and amended. lie m0ved
TO amend it by making it read {" mag 6f,,'
instead of "Aape been" Atpresent he con-
ceive,l the bill to contain in this respect an
&c hest facto provision, inaspucft AS it di-
rected the recovery of fines and penalties,
the suits on which must aba,e on the czpira-,
.ion of the law under which they were com
Inenced.
Mr.. ShcGty objected to the amendment.
He said that laws when made oughtto be
observed, and that the usual mode Of coerc-
INK cOSuttiCC W Cut iS'SbuS was ny
fines and penalties on the violators; and
although the law under which a penalty is
incurred, expires before the recovery Of the
penalty vet still the offender should be liable
to the punishment Of his offence; that the
suits for penalties should not expire with
law INJECTING them.
MIR. Cold commended that it was impossible
70 recover penalties incdrred under one law
by another law, or to recover them afterthe
law under which they were incurred had
expired, iluless their subsequent recovery
was provided for under the law which in
fjcted them. The penalty must stand or fall
with the act under which it was incarred.
This was an er Post farto provision for i:
was a principle, that Il judgment could NOT
be obtained for penalty after the act ex
pired under.w which il had accrued.
Mr.. Gokd's amendment was ncgdtivec, sin
or seven gentlemen only rising in the aifr-
NATIVE on it.
MIR. Mikncr suggested an amendment to
that part OF the law renting from forfeiture
all vessels which have come into the q. S.
between the Goth May and the 10Th of June
He wished to add after the word "ueaSeis,"
the words " and fhcir carSoeS,"
Mr.. j. G.. JackSon said he had no objec-
ton to the amendment. though he believed
the%hole section might be dispensed with, in
asnuch as he had understood that the secre-
tary of the treasury, under Tie powers given
him by former laws, had already remitted
al the penaitics.
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