Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-03-31

ates OF south America, and he should
ave inserted such words himself, had he
not deemed II cNpetlient To adopt the pre-
else language Of the law OF last session.
IN which there was no designation of am,
particular states he differed however
iror, Nf. LowndeS as 10 the power of the
Executive 10 oNclade any flag--lie be-
lieved The President had that power: bmi
to settle that question he had no obicciI-
on la coricr that power by the law, aud
let him decide what flags should he AL
united, and thus come under The amend
mcDf
Mr. TUCKER. OF Va. moved TO modify
the amendment TO read as follows. Ii
only the language and, il adopted. if
would be competent for the courts 10 say
whether amy flag IN question was that of
IA colony, district, or people, within the
meaning cf the section
.Ys1 be- it further enacted, That i'm prosecu-
uunS either asaiuSt persons orpropertS, sailing.
under The flag OF any colony. district or people
which shall be admitted into the ports OF the
United States, II shall not be deemed ground
tor the punishment or Condemnation OF >nch
person or property, that the Sovereignty OF
such colony, district OF people has not been
acknowledged by the government OF the United
States.
This modification was accepted by Mr..
Clay, (and assented to by Mr. Lowndes) as
substitute for his motion.
twas opposed, in this shape, by Mes
sieurs Forsyth, and .SMith of Md. and sup
ported by Mr.. Tucker. Mr. Spencer sub
united some remarks in reply to Mr.
Smith, on the nature Of piracy, which
could be committed with as well as with
out commission, &c.
The question was then taken on Mr.
CLAWS amendment as modlned, and car
r:ed-ayes 81.
Mr.. FORSYTH then said, the adoption
OF this section went Ia authorize every CO.
lony, district or people whatsoever, TO
issue commissions, and Ia recognize such
COMMISSIONS III our ports. lie wished
that the section might he confined 10 re-
sponslble governments, and not rcceg-
nize any handful of men who might en-
body and issue commissions 10 capture
property Gil the high seas. He therefore
moved to add 10 the section the following
proviSo
q Prorided, That the COLONY, district or PEG.
pie aforesaid, have organized AN existing indie
pendent government at the time OF the com.
mission of the fact of which the persons are
charged"
Mr.. CLAY, after waving the objection
of order which might be madeto mis- mo-
ton, said il was improper because il
would require too much. Venezuela. for
example, which had achieved au impe-
rishable fame by its noble and unparallel-
ed eXerions in the cause of liberiy-hc
did not know that this state was actually
independent, though ii 50 well deserved
to be, and had no doubts would soon he
yet The flag of this government, so
much entitled 20 our respect and adnird-
ton, would be excluded from our ports bv
the prov,So.
On motion OF Mr.. TUCKER of Va. tl,epro-
yiso was amended, TO read as follows
q, rs So.
= iHroridtd. That the colony, district or neo-
pie ator, said, have organized an existing
government, claiming TO he Independent, at The
time OF The commission vt the fact of which
the persons are charged"
Mr.. Forsyth moved to insert tie word
responsible after the word existing.
MIR. CLAY objected 10 ibis, as phrase
vague and unusual, applied to a nation,
however definite and Ineligible applied
TO an imdyidua.. What was i response
bic government =! Some might thlnk the
Ferdinand, notresponSlble. Ii was term
of TOO doubtful construction 10 be proper
here.
MIR. FORsYTH said, the word RESPONSE
bic was of definite and precise meaning as
applied 10 nations or individuals. There
was d pecuniary responsibility certainly,
but the Speaker understood perfectly
well ihere we're other responsibilities, too,
with respect 10 nations. His wish was 10
permit the courts 10 Judge whether ihr go
vernment, claiming To be independent,
was so constituted as TO enable the Uni
ted States 10 make ii answerabIe for the
conduct of those sailing under its com
mission. Before the end Of the present
session of Congress, he hoped to be per-
mltted 10 shcw 10 the Speaker how the
adored Ferdinand might DC made respon-
sibe for the conduct of Spain to the Uni
ted States.
Mr. CLAY expressed his thanks for
this information, and the pleasure il gave
him.
Mr. FOrsyta's motion was lost, and the
proviso was then agreed to as modified
by MIR. TUE kerr
The committee then rose and reported
the bill and amendments to the House
and laid on The table.
TUESDAY, MARCH %.
Mr.. Taylor, from select committee
appointed on the subject, reported bill
fixing a time for the neXi meeting of Con-
gresS, ION tie first Monday in November0
which was twice read and postponed to
the 3ISt inst.
The Speaker laid before the House re-
ports from the Commissioner of Claims Of
the facts in fity-slx cases, all from tie
stale Of New York, with the evidence
therein.
On motion Of Mr.. Scott, the committee
OIL public lands were instructed to enquire
into The expediency Of granting or secur-
ing 10 the town ofSt. Louis, in the terri
tory of Missouri, as common, all the
sand bar or balture formed by the recess