The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-02-03

ldf. ilaYHlR ReStdDiSneQ WHAT tne law OF nations
provides for, and guards against, then the ques-
tion arises, what rights we have. and what obli-
cations we are under. What power have these
United States to guard against the infraction Of
the law Of nationsi 1t is hardly worth while to
refer members TO the Constitution of the United
States; but as it was denied that we had any
constitutional power upon the subject, perhaps
it is best to read from that instrument. One of
the provisions Of the eighth section of the Con-
sttutiOn Of the United States is: m ....
Congress shall have power to define and pun
ish piracies and lelonies committed upon the high
seas, and ofenses against the ha,o Of na'ias"
Everything that is an ofiense against the law
Of nations can be provided for and guarded a.
gajnst by law OF Congress. The power given
To Congress is az broad as the law Of nations;he
whole subject is under their control. Did they
exercise it by the passage Of the act oflSl6?--
The gentleman from Georgia Mr.. STEPHENS
contended that they did not. lie contended
that no act I'd been passed by the Congress oi
the United States that would authorize US to
make an arrest beyond marine league from our
own shores Mark the extent Of it. The law
of nations requires that we shall restSinour citi-
zens from committing aggesSions against other
States. The Constitution of the United States
provides that we shall have all the power to en-
force the law ot nations and that Congress can
enact law for that purpose. Congress, in obe-
dence to these requirements Of the Constitution.
and to carry out and enforce the law ofnations,
passed the act Of 1918. One of the plainest
rules Of interpreting a statute, il to know the
ohject.of the law making power IN enactng a
particular law. If we know the mouiys which
prompted the legislation, we can easily interpret
the law '.'''a ...1. 70.
The object which the Congress Of the United
States had in view when they enacted the stat
ute Of 1918, was to carry cut the law Of nations;
and yet, according to the argument Of the other
sides, they did not doit They did not do what
they intended. | say that such an interpreLa
ton is an unfair and an unnatural one. 1t
would not be the Interpretation given by the
Congress which passed that law They intend
ed to guard against every infraction of the law
of nations by our citizens; hey intended to guard
against expeditions being fitted out in the Unit
ed States for the purpose Of carrying war into
countries with which we are at peace. main
tain that the interpretations given TO these two
sections of the law are forced and unnatural
1t is not the legitimate construction which should
be given to them. The law isdivisible into two
parts. The first section provides against expe-
ditions being ,fHea ont within Our own bounda-
rieS, Sec'ion six reads: ...... ...,.... ....
That ifany person shall, within the terrific
ry or jurisdiction of the United States, begin or
set on loot or provide or prepare the means for
any military expedition or enterprise, to be car
red on from tht nee against the territory or do
miHionS OF any foreign prince or State, or otany
colony, distlTc', or people, with wAom lie Unted
States aie lat peace, every person, 50 otienling,
shall be deemed guilty Of a high misdcmeanor,
ANA shall be fined not exceeding 5000, and
imprisoned not more than three years"
| That was intended by Congress TO guard n
gainst expeditions being fitW out within our
own country II wasinteHded to guard against
| the bapding together OF body men for the pur-
| pose. o invading The territor es oi and waging
war against, nat ions with which we were 1T
peace. "@t -a"t-." .g.a] .aA G' I'd
4 There is a further section. IfCongress had
stopped at the sixth section there might be spue
doubt about the matter. / here beg leave how
ever to explain what is meant by the marine
league about which so much has been said in
this debate. lnoevely civilized nation the sea,
within marine league OF shore, is recognized in
law as land. Offences committed within ma
rine league ofshore are regarded as oiilnscS, in
every sense.of the word, committed upon land.
| If man commits murder within marine
league, he is tried as though it had been commit
ted upon the shore. Ailotfense committed anv-
where. within the marine league. IS committed
ON land and the offender can be tried according
70 the provisions of the sixth section of the act
| of 1918.
| Mr.. SMITH Of ofVir,rinia would asl, tho oen
tleman this nnestion: Er the doctrine which he
now maintains be correct what was the necessi.
/ tv ior tho sixtb section
Mr., MONTGOMERY. I did not hear the
centIaman,s oi,estionh
Mr. SMITH Of VIRGINIA yop state that the
;ur;sdict;on Of The ITnifad states extends to onf
marine League and that offences committed with.
lin chat marine leaque are the Same "a offence,
committed on land. ''' 'a'''
| Mr.. MONTGOMERY. Certainly l'
! Mr.. SMITH. of virginia. Then wbnt was
the necessity for the sixth section of the act O
l1S18?
Mr. MONTGOMERY v II is a maro affirm.
ance Of the common lava mere oifir,nonce q
what IL aoknowIeased everywhere. inserted
doubtless to prevent any doubt as TO the iuris.
Hdiciiop of our coprts
| Mr. SMITH Of Viroinia. win tha gentle.
man allow me to remind him that accordino tc
the ur;nc;nles of statutory Construction The law.
maker is never to be presumed as doing an idl,
or vain thinr?
! Mr. MONTGOMERY. This was not a vair
| tb;ng Here is n nroyision ENACTED Ear he n,r
nose or fixinp the iur;sdet;on of conrts and q
furnishing certain offences Committed With,
that Jurisdiction. But the jurisdiction itself !,
EonofSar matter rro nrevant douht .s fo tha az
tent of jurisdiction nossessaj bv the courf, N,
tcommoI,law is affirmed ijv the statnte. TO wha
offences does this sixth section Of the act ex.
Etend?a Why il extends To all offences commit