Staunton vindicator and general advertiser. (Staunton, Augusta County, Va.) 1858-1860, 1858-02-27
STANTON AUGUSTA COUNTY VIRGINIA. FEBRUARY e. 1868

territorial jurisdiction Of the United States.
That is my construction.
Now, sir, let US see if / am carried ou
, end Sustained by cotemporsneous under
standing Of tits word In l794, Congress
passed law, entitled IAN act to prohi
BIT tie carrying oaa Of the slave trade
From the United States to ;any foreign
place or country" "CU9giag 81 r.
Aud in this very act the vessels Of the Uni
ted States arc not empowered to make any
seizure. There is to be 10 confiscation e2-
cept inter territorially- | read from tht
first section, speaking Of those ships which
shall thus be engaged. It is as follows:
'sAnd shall be liable to be seized, prose
cutea and cSndeihnel il. any Of the circuit
courts, or district courts FOR The district -
Not where tle ship shall be found upon
the high seas, but
I''whcre the said slip or vessel may be found
and seized
Chat is, within the jurisdiction of the
I United States, and this act was entitled
can act to prevent and prohibit the cary
ing on" &c. Now, sir, # cotcmporaneous
Interpretation Of words iii laws is allowed, |
say I am justified in my Inference that the
Legislature meant carrying on, that is to
rrerent, to stand IL front, or to kcep buck,
just as much in the present case as in the
other, where the title of the act was to
I ''prohiblt the carrying en-, and where there
was no extra territorial power conferred up
Oil the naval officers. | have been asked if
the President cannot arrest an offender a.
gainst our laws upon the high seas. Ia ca
ses Of piracy in case Of slave trade for
1T this time that is declared piracy; in case
Of murder upon the high seas in American
bottoms al these cases are provided for by
law. Hence my proposition, ! maintain, IS
incontrov rsible, that the Presidolt canln 1t
tusc the army 81 naval 'liiojtocs Of this coun-
try, Unless BY legal authority expressed.
Another reason for my construction is,
that the part of the eighth section relied
Ftpon, empowers tie President to use tie
ARMY and militia just as much as the Navy
Now, sir, | ask this House, ask the coun-
try, if, under that law, the Executive can
use the Navy for the purpose of breaking
Up or preyehting the carrying on Of expe-
ditions beyond the marine league, why he
cannot, for the same purpose, transfer the
whole Army and militia of this country into
Che interior of the foreign coGntry, or
wherever the expedition may go? Has not
the President as much right to send tie Ar
my and the militia to pursue them, as he
has the Navy? Has he, then, the right to
send our entire military force into the inte-
rior Of Nicaragua, Of England it may be, if
lie cannot arrest the carrying on short Of
that point? Some Of Walkers party are in
possession Of Fort Castillo Well, has the
President . right to send an army up thee
I to disro:sess item? Tfsc the President Of
the United States may make war. I tell
gentlemen | stand upon law. am here to
defend the Constitution Of my country. [
am not here the advocate of the breakers Of
law, in any sense Of the word. But say
this eighth section never, in my Judgment
contemplated any such power. If the Pre-
silent has the right to send the Navy be-
yond the mar;he 9sague, he has GOT the
right to send the Army after the expedition
t;sto the. interior Of TIE corntsy. No gen
tleman can get out Of that.
But, Mr.. Chairman, find that my time
is passing. | took occasion, when | ad-
dressed the committee before. to express
some opinions as to the law of natitns.-
Some gentleman have replied to them. The
gentleman from Clio NJ Groes.kach)
cited, the other day, the authority Of Judge
Story, in the Mariana Flora case, in which
the dictam occurred that the United States
ships may seize ships, commando by 4
"a ,rican citizens. that are engaged in viola
ting our law, outside Of the marine league:
fsnt tE.at was 4 case Of piracy, very untor-
Ultimately for the gentleman who has cited
that case.
Nj. SMITH, d Virginia Congress has
granted special power in such eases.
Mr.. STEPHENS, Of Georgia. Yes,
Congress has given the power to seize on
the high seas any vessel violating our law
in soch eases: and if ledge Story maintain
ed anything else he has not 5i.ed anycases.
And still call for the. case. state, Mr..
Chairman, as [ said before, that of Pauld-
tlng's3s. n MY recollection, the first case Of
the hiui in the country de;ied the pro-
Guction Of case. We have been here ten
days, and no case has yet been produced =
stshls is new case, and We should settle
principles as we 60. Constitutional liberty,
the rights Of the people Of this co6Aatfy, de-
n'and the settlement Of these principles
a.5Siis2llt
The gentleman from Pennsylvania, lIr.
Montgomery cited, yesterday, what lie
called international law, to show that it
was the duty Of the Government Of tie U,
States to restrain its citizens. I wish to
Say, in passing, that that portion Of Yuttcl
which tae 5c2t'ehian from Pennsylvania
cited, refers to good neighborhood and to
comfy between neighboring States | a
gree with every word Of it. But in no case
there cited, is it the duty Of this or any O.
ther Government to 60 out into the terrific
Iry OF other nations to arrest its citizens or
subjects offending there. The doctrine he
cited is applicable to this case. IF, on our
northern borders, citizens Of the Z. States
60 over and steal and commit robbery and
violence in Canada, and come back here,
and if we nourish and protect and guard
them, that principle of law requires that
we should restore the stolen property an,l
punish the offender. [ Subscribe to every
Word Of it.
But does that doctrine apply to this case !?
Now lay down another position as being
consistent with the law Of nations. and [
IL. ! l.