Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-02-20

merce is always exetcsed, and is an admitted ana mas
putable right and not the disposition OF the COM
millee in any wise abrdge or 10 retench tue ee 81
ercsc of that right Nor was II the enect o! VI.
NOW undc, consideration do this excepting IN certain
cases with the contermnous countries our duties ID re-
lalon TO which, separated from by an imaginary me
seem 10 vary somewhat from those prescribed by Tue ee
neral rule In every other respect the Dill leaves
thing az il is already The effect of its provisions Is
confined 10 The countries which are immediately aol''
cent and the necessity Of passing il could not rs ne
conceived be made evident by any lhng lie couu
uGd in support Ut It. c,
u States has right, under its existing relations, 70
interfere in of civil war, with other Governments
Bv 50 doing the tide of would inevitably roll JACK
mon our own country, and nvnve the latter, also, ~
the contest The strife upon the frontier had now changed
lis drec:ion and there precisely the sam" cause I
uc.inn now as while the rxg"Ecy existed, I" rrr %Ech
This bill was framed The whnc protection ut Tia. iron
ter II present; military authority; and Gen scott
pc,inr there under an order of Congress, author
-:nr Kim TO exercise that power But he (Mr lowau)
would freely confess that in ono he dld not Ikc 'e re-
en to the military a.m: when the civil c"u!h he USED
TO effect sauary and efficient con- junction Gs sIc i"n
was The object Of this bill! and he hoea IL would ee
with no serious objection.
Mr. Elosey, of Georgia, was by no means Sa'isiea
with the bill as reported Before the House proceeded
in altering the relations existing between this and ana
thor Government il pruper lie concelfcd. 10 act
cpulinusy and with due deIbera.ion. The House had
not vet had lime sufficiently 10 consider the bill ne
houcd il would be postponed for few days, to enable
them TO DO It bill proposing 10 interfere WIN
the export trade of The country aud to change The rrla
lions Of the two Governments. lie for proceeding
cautiously.
The law Of nat;aas guarantees TO countries sustaining
neutral relations free trade. lie admitted i'iat ms
Government had light TO interfere with lie domestic
bros Of other Governments, whether distant or confer
il;nous. 70 member of the Huuse was more s'rehu
Gus advocate for That principle But beyond THIS pFici
pie as contained in tie bill now benre lhe House, ne
o,Ij lie. u,
the trade brtwecn The people ct this and another Govern
men, would BE- rtlcied, while the latter was engaged III
civil war Nor does the bill conine lis provisions to
the case of civil instruction, arising IN confer
rnDus Countries. 1t general III It's PROVISIONS IL
opened new policy, he conceived, IN the admnstra-
lion Of the Government, upon which II had rs yet
never acted and one that he hoped would never be
adopted 1t proposed direct and manifest violation oil
the Constitution, in the restriction OF rights which he
deemed inalienabe in the People: by imposing check
upon flee trade and lax of he most odious character
upon xpos-rghs guaranIiedhy the Constitution and
guarded even, hIert b. tic treasure and The blood oil
nations
The legislation of this Government must cnnine IT,
SELL he con!endcd, TO that acknowledged and common
principle of international aw-not 10 interfere III the
q,Iareis of foreign nations The provisions Of this bill
were unobiec,onabIe if confined 10 the securing of the
revenue laws against violation, by preventing traffic IN
conaband articles Of trade upon the frontier or the
prevention Of citizens from engaging IN the Dros or IN
surreclinns OF the conc!minous States thus lIInleu
he would 90 for il; it was, he could not assent 10
it, He was opposed 10 setting up this new principle, IN
violation Of all ormer Legislation, end Of The whole course
of this Governments policy, from which 80 much bene
fl had been derived.
The proper course to pursue in this stale Of things,
he conceived would be to give the Executive power 10
arrest those actually engaged in The civil ieuds, rrVois,
and insu!rectuns and to seize all instruments OF war
munitions &c. actually in the hands oil such, whether
used in aid of the beligerans; or distant or conlerm
nous countries To 20 further than this were suIcoa
and destructive of the dearest rights guaranteed 10 US ny
tic Constitution.
MIR. LOOMS, Of New York had risen reluctantly to
propose amendment 10 the bill under consideration
lie would propose substitute for the whole bill.
The Chair remarked that it not at that time in
order 10 propose amcndmen as that reported ny the
Committee on Foreign Affairs was now pending.
Mr. Loumis snd that he should offer il when in order
In the mean Time he would briefly submit his views up
OH the BILL it stood before the House lie was not
opposed Tie principle which seemed 10 lie al the tun
dalion Of the BILL One of The very highest duties oil The
Government 10 prevent the unlawful interference by
our citizens with the qua.rels OF countries win whom
the Government is at peace: and it was equally the duty
of the citizens 10 refrain from such interference. In
this principle and in lis general application ihereloie
he fully agreed with the chairman o, The COMMITTEE on
Foreign Affairs But lie could not consent to 60 Tor l!e
measure in the form in which it had been proposed by
That gentleman.
Mr. Loomis reviewed The circumstances connected
wish The disturbances upon tho Canada froner
and commended that they of peculiar character-
There was long line Of frontier, separating The two
countries from each other, yet placing SO narrow bar.
rier between them 10 render il impossible That local
disturbances breaking out one side OF that line should
not spread 10 the other The inhabitants of the Amer.
can side were peculiarly sensitive on this point heir
native love of liberty, and deeproo,cd hatred of yran
n.y. were infamcd, very naturally, whenever an appeal
was made 10 those noble principles Thus 1t happened
that they very easily led 10 take deep interest
not an active part, in those struggles A6Stracediy Ia
KEN he would do nothing 10 check or to discourage that
holy principle or 10 extinguish the bright spark oil l'1et'
ty which burns in the heart OF every True American c't-
zen Yet something, he must remember, was due 10
national right and national oblIgallon and for the pre-.
seva,on OF these, too, lie would do every thing posi-
bIe but he insisted upon il that that should he according
TO the wclestablished principles OF law
lie deemed the bill inefficient to answer The end It pro-
esses 10 reach. What did it propose to do: 10 give 10
S. marshas, deputy narshas and other ohceFs pow
er seize without process OF law or any other limitation
than their own individual discretion any vessel or We.
ce SUSPECTED of being used for the purpose Of bearing
arms or munitions OF war into the conermnous country,
10 aid in it's civil contests and 10 deaIn them until So
,siacluy surety should be given that they should not he
used Suppose the officer IN whom IBIS extraordinary
mower was vested, to have exercised his discretion and
in execution of this power, 10 have seized The property
of citizen: what docs the latter do: The bonds are
fixed it may be assumed, fairly fixed; the surety IS
found and the party proceeds on his way over Tue
into the adjoining country in the very face and eyes OF
the officers Of Government Who Is To prevent this:
Nothing in this law gives any power OF prevention to
any body. What becomes OF The bond IL Is IN lie
andS OF one OF lnese ~ Eo'o
fortune have been put into The hands of District At
t,.ney How is he TO know whether the obligation has
been violated-the bond broken' How is he 10 prove
that these arms or munitions Of war; whatever else
had been seized and given up upon the bond have been
used in the manner Designated Does his jurisdiction
extend the only place where these facts can be ascer
tained-beyond The line
There is anuher objection 10 the bill 1t vests dam
gerous ard unusual powers in the officers Of Govern
ment This feature which stamped the bill as
unconstitutional, and against the whole policy Of our
ers unparalleled by any proposed before 10 be vest
ed in that branch Of The Government. The ottcer IS
only empowered to seize but 10 hold the articles de-
signated Who is TO judge OF their value: For 1t is
upon an estimate of their value that the terms Of the