The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-17


The inst section provides against expeditions being tned
oa within our o~n boundares Section six pscvides
"src Asd q usr essssd ma shall, vi,h
a or pssscr o. prspas tho means M any iy sspeos
enterprise TO be carried on from thence AGAINST he or do
people Win whom the United a peace ovsr person
blending deemed guilty Of high misdemeano and shall be
exceeding 5000 aud imprisoned moi more than three
That intended by Congress TO guard against expe
ditions being Jiaed oa within country. Ii
intended guard against the banding together body
of for the purpose of invading the territories of and
wapng against, nations with which at peace
There is further section II Congress had stopped at
the sixth section there might bc doubt about the
matter here beg leave, however, to explain what is
meant by the marine league about which 30 much has
been said In this debate Ia every civilized nation the
within marine league Of Shore il recognised in law
land Offences committed within marine league Of
shore regarded Offences every Of the word
committed upon land If a commits murder with
in the marine league he is tried though il had been
committed upon the shore An offence committed any
WHERE within the marine league, is committed land,
and the offender be tried according to the provisions
of the sixth section of the act of 1918,
Mr.. SMITH, of Virginia, would ask the gentleman
this question If the doctrine which he maintains
be correct, what the necessity for the sixth section
Mr.. MONTGOMERY, did not hear the gentleman's
question. 7aiaa ars .t8l4 ff5es
Mr. SMITH, of Virginia Your state that the jurisdc-
ton of the United States extends TO marine league
and that offences committed within that marine league
are the same offences committed the land. a.a
Mr.. MONTGOMERY, Certainly
Mr.. SMITH, of Virginia Then, what the necessity
for this sixth section of the act of 1882
Mr.. MONTGOMERY, 1t is afirmance of the
common law mere afrmance Of what is acknowledged
everywhere inserted doubtless to prevent amy doubt
" 'ii0 Ju,iaa,.''o Un ~. o.Ai Noui ,
Mr.. SMITH, of Virginia. Will the gentleman allow
remind him that according to the principles of
statutory construction the law maker to be pre-
sumed as doing ~, idle or vain thing sl E. #. -es.
Mr. MONTfsOMERY This ,voa mt evain thing at all
Here ia provision enacted for the prpose Of xinp the
jurisdiction If courts and If nnn,shinr certain offences
committed within that iurisction INT the Jurisdiction
itself IA antber matter IN nrevent doubt AZ 10 the en-
tent of irslioon nosssscd Inv the conrt the common
law affirmed by the statute To what offences docs this
6tb section o bv Il extends To all oencs
Committed within the limits Of our oountry or within
marine league 81 The shore This was the common Law
and This section Of the act Is bnt in armance Of that II
roy;des .. n any person shall within the ;or or IN,
riaIotou Of the Unid Nat, ), &c Then the question of
over offences ar;ses This section Of the stat
t sett the Question for the section Of the law clearly
embraces every offence committed within marine league
&c horo Ru Tho cxt section WINS made FIR the snecc
nose If GOING bevond the mere limits NJ this land n,
rs,;conof 0o;no Somewhere else and Of doing some
THING alsa II prov;les that n every ease in which yes
eI sRalJ he fitted ont and armed &c then the Prssdu
If n, Lasd Slater sAau have mower To do SO and so In
the snre the jurisdiction was in the ort bnt this
obth section vests the mower in tho President II mo
;des .fter snc,fvinc the ooces embraced IN !, ma fol-
lows - - III IF I.E1I III &S,N F-
Ha &8
a o saeS a" I'M az sa, ,v a If a 1 ra
ted states Of the militia thereof for the purpose OBTAINING
such ship vessel with its prize PRICES And also for the
Of pfseH ms eary"9 on o. any suh rHpen'S on Of enter
The terr,ors or aonnon Of any foreign prince or state
colony district people with which
peace" r
Carrying on p The one is to prevent such an cx-
petition from being equipped armed and organized and
the other for the purpose preventing il from being
carried on. What is the meaning Of the phrase scar
yiai on is it's application confined within the marine
league Or does it extend from our shores to the place
where the conflict of war is taking place ask you
whether such an expedition is not being caryied when
the contendng armies are actually sight of each other
and ranged in battle array and even when they are &C
tually engaged in conflict ask whether the army and
navy of the country cannot lust as well arrest the offend
ers there for the purpose preventing them from
ryaq on the expedition wherever they may be found as
they can within marine league of the shore II .~a
cannot prevent the expedition from being carried
wherever we find it, then the language the act is
broad and il Commodore Pauding pursued the words OF
the act the fault is in the law and not in that noble
American sailor a,a.
The next question that arises is this Has General
Walker committed any offence against the law of ma
tions No man will stand on this floor and deny that
which this country was at that he has gone into
Nicaragua with body Of soldiers with arms in their
hands The papers show that he signs his name as com
of the army not agricultural emf
grant not as peaceful going to settle in the
try to till the SOIL and live there in peace under the
laws ms they stand On the contrary he styles himself
commander chief of the army of Nicaragua He goes
in hostile array wage against that country He
rocs as n military usrper to oycrurn the civil nstitu-