Constitutional Whig. [volume], January 14, 1825, Image 2

About Constitutional Whig. [volume] (Richmond, Va.) 1824-1832

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_qj. 8. CON33L2S3L__
•Monday, January 11).
IN SENATE.
Mr. riARiiot'ii, Iroin tiie committee on foreign
rekitiuui, to whom the several petitions on ihe
subject ot piracies were referred, made the fol
lownjg Ueport; winch was ordered to he printed.
" 1 hat our eom.nercc, for years, has briMi har
-tassod, and the lives of our citizens destroyed,
by pirates issuing trom the colonies of Spain, in
the • “ esL Indies, is a tact derived not only from
the >!e.ss i-ro yi t»ie President, but is of univer
sal notoriety. These outrages Itave been so
long and so often related, an I marked with
such atrocious circumstances, that a detail of the
particular cases would be as impiacticable as
unnecessary. Our government, with a view to
protect onr citizens, has resorted to the means
within their power, by stationing a naval force
near the places where to* pirates resort; a mea
sure als > pursue I bv other powers. Every ef
fort, heretofore, h:*» been unavailing, to put an
entt to these atrocities. These desperadoes, ac
quiring confidence from impunity, becoming
more ferocious from habit, and multiplying bv
. recruits f om the most abandoned of other'na
tions, threaten the most disastrous'mischiefs
. justly alarming to that highly valuable and most
respectable portion of bur fellow citizens wlm «'
pursuits are on the high - s Ir is mam •
wo' ram facts derived from other sources, ns
fr«»n the message of the President, that the con
tinuance of this evil is ascnbable to tiie asj lum
afforded the banditti in the colonies of Spain.
The government of the U. States, cherishing
the must amicable disposition towards ^ain, has
presented the subject witn great earnestness to
the .'Spanish government, demanding reparation
for tiie past and security for the future! To these
reiterated remonstrances, no answer wn* return
ed till very recently, and to this day. all that
ha* been obtained is a promise of a satisfactory
answer to the applications of the government of
the Jmted States: altiiou jh Spain has been so
lemnly warned, that, if she di I not promptly ac
quit herself of her obligations to u~- on this sub
ject, our government would he constrained, from
kthc nature of tiie outrages, to become its own
avenger, and,availing itself of its own resources,
protect the commerce and lives of the American
citizens from destruction. In the same spirit of
conciliation, an appeal lias been made t > th<> lo
cal authorities, accompanied with a request, that
it. from weakness, they were unable to i xt--r
nunate the hordes of banditti who took sh-dler
from pursuit within their territories, that ner
rnisMon might be given our forces to pursue them
on land. This has been denied, on the vain
punctilio of national dignity. The posture in
which Sphin now stands; is that of connivance
• U iiicir injuries, or me«parity to prevent them.
‘‘A sovereign who refuses tn cause reparation to
be made of the damage caused by his subjects,
or to punish the guilty, or, iu short, to deliver
him up, readers himself an accomplice in the
injury, and becomes responsible for it.” If the
committee were of opinion that the refusal, on
the part ot Spain, was wilful, and not the result
of inability, they would, with a full view of all
the consequences which the measure involves
ai once recommend an apneal to the last resort
of nations against Spain, and all her dependencies,
i ‘ believing as tiiey do. that courtesy requires
t.iat tier refusal t > do us justice should he placed
on the ground of inability—an inability resulting
fr i ti causes which the committee intentionally
To. m u to enumerate, they content themselves
witi. ; :oo.‘nmending only such measures as are
believe 1 t » be indispensable effectually to reach
the nischief.. And lienee the. beg leave to pre
Si Qt a bill with suitable provisions tor (tie end
designed.
Accompanying the Report. Mr. R. reported
thr-r !lowing Bill: *
..A ^r1' )r tijC suppression of piracy in the
West Indies.
ii it e nutnl, Sfr, That, for the more eflbctnal
suppression of piracies in the West Indies, the
Presi lent of the United .States be, a.. I he is
nereoy, authorized to cause to he built, In ad
dition to the present naval force ol the United
Status, a number of Sloops of War, not ex
ceeding ten, to carry not less than twenty guns
_ erw^h, ot such description and- weight of metal
as the President may direct, an t that the sum
?* ~— thousand dollars be, and the same is
herebv, appropriated for the aforesaid purpose
out of any money in the Treasury not other
wise appropriated.
See. 2. jjnd be it further enacted, That the
1 commanders and crews of the armed vessels of
the Unite ! Stales shall be, anJ t|,ev are hereby,
authorized, under such instructions as may be
given them by the President of the United Slates,
m the fresh pursuit of pirates iu the Island of
C uba or any other of the Wands of Spain, in
toe Vest Indies, to laud, whenever it may he
neensary tu secure the capture of the said pi
- ates, and there to subdue, vanquish, and can
ture to^o, to deliver them up to the authority
ot the Ioiand where Ca|ilured, or to bring them
to the United States for lrial and adjudication
as Urn said instructions of the President of the
United Mates may prescribe#
Sec. :t. And be it further marled, That, if
any of the said pirates should escape f.-om-rhi
ficsh pur,uit ol the commanding officers and
crews of any armed vessel of the United
and fin] r.-ftiaph in any of the cities or ports of
the said Maud of Cuba, or other Island afore
s.u I, the Pccsi lent of the United .Slates on be
» .; .. manner saiislarforv
to him of its authenticity, shall be. and m f
hereby, authorized, at i.is discretion, l(, declare
the said port or cuy to be in a state of blockade
and shall cause the same to be invested b\ Hm
Naval force of the United States till I lie said
pirv. s shall have ,,ecn »«:nrwl and , unished by
tie - authorities of the said Island, or until satis
facdon “hall othcnvi.se have been made, vvhere
unon he shall deem it just and expedient to dis
continue the said blockade.
.See. i And he it. further enacted, That the
commander* and , rows of any armed merchant
vessel of the 5 mtod States he. and they arc
hereby, authorized, to recapture any vow'd and
cargo taken by pirates upon Hie caWist of Hie
rslu"1 of Tuba, or the other Island* aforesaid
or on the adjoining seas; and such vessel so re!
captured, being brought into anv judicial dis
trict of the Unite I states, shall be adjiid-cd to i
he restored bv any court o/ (he Unite,! Stales
having ad mil ally jurisdiction, Iherein, to the
former owner or owners of the same, he or they
paying for * dvage not less (ban one eighth nor
inure than one half of the (rue value of ll.t's ,i I
vessel and cargo, at thcdi.r ref ion of the court
for the. benefit of the re-captors, and i„ such
proportion* n the court shall direct, which pay
menfs of salvage d,r.M ho made without any dc
fiuctio r what e'-vor. J
Sen. 5. A at d r,rth,, nut* fed. That, when
ever I nc co uniat.. . a of any me,chant
VC * d or the ... state shall subdue and r„,
tin • Huy piratical vm; .| or boat f om which any
a- mill, or other n utility, -h.,11 he first made or
aiio n-ted, Mich piratical vosn-l nr boat, with I
he- tar km, appurtenance* ammunition, and!
hiding, except.ngciuch pa t .... may have been !
piratuM.lv taiten, winch sir,II he re-lured to its!
0 wn rs subject to salvag- as afore .aid,) shall ar- i
c ue. the one uurth hi lb -owner or owner* rf
such mmc..iant vessel nl Hie United s>tufc3 n»H !
tuc other «.* re- fourll.s to H:e captors; and bC
ing hrougtif m?o any port of'he Unin ,1 s, ... r
d u , v l*o aJi id red md condemned to 1
theiru.se aHer ne -rial ir, Any r„urt
or ti - mi. 'dates : ivmg a I mrattv jurisdic
t.o , ant. which shall b. hetdenfm „to district’
1 . p w . ich .ueh captured vcs-el shall t.c brought: |
ami the same court shall thcreupou order a sale
ami distribution lliercol accordingly, and at
tlicir discretion, saving any agreement which
shall be between the owner or »-vncrs and the
commander and crew of such merchant vessel.
See. d. Aid he it further enacted, That, af
ter notice of this act at the several Custom
Houses, no armed merchant vessel of the Uni
ted '•tales shall receive a clearance, or permit,
or shall hr suffered to depart therefrom, unless
the owner or owners, and master or comman
der of such vessel for the intended voyage, shall
give homl to the use ol the United States, in a
sum equal to double the value of such vessel,
with Condition that such vessel shall not make
or commit any depredation, outrage, unlawful
assault, or unprovoked violence, upon the high
seas, against the vessel of any nation in amity
with the United States; and that the guns, arms,
and ammunition of such vessel shall be return
ed within ttic United States, or otbciwise ac
counted for, and shall not be sold or disposed of
in any foreign post or place; and thut^uch own
er or owners and the commander and crew of
such merchant vessel shall, in all things, ob
j serve and perform such further instructions in
! the -premises as the President of the United
I States s’.i.dl establish and order for the better
j gov. v; ,i«*nt of the armed merchant vessels of
J the United States.
j Sec. 7. Anti hs it further enacted, That the
I President of the United States shall ho, and he
is hereby authorized to establish and order suit
able instructions to and for the armed merchant
vessels of the United St ates, for the better gov
erning and restraining of them, and to prevent
any outrage, cruelty, or injury, which they
might be liable to commit; a copy of which in
structions shall be delivered by the'Collectors
| ot the Customs to the commander of such vessel,
j when he shall give bond as aforesaid. And it
I shall be the duty of the owner or owners, and
commander and crew, for the time being, of
; such armed merchant vessel of the United Suites,
j ;it any port thereof, to make report, upon oath
j to the Collector of said port, of any rencounter
I which shall have happened with anv piratical
j vessel, and of (lie state* I the company and crew
! of a:iv vessel which they shall have subdued,
I captured, or retaken. And the persons of such
crew .ireornpanv chargeable with anv act or acts
| of piracy, or piratical depredation, -f ail he de
livered to the Marshal of the same dist;i< t, for
tiial, before the court of the United States hav
: ing competent jurisdiction.
See.:',. And he itfurther rnxdr, /, That five
per centum on the nett amount (*fter deducting*
all charges and expenditures) of the prize-mire
ney arising Irotn captured vessels or boats, and
of their tackle, appurtenances, ammunition, and
lading; and of the nett amount of the salvage
on any vessels and cargoes re-captured bv the
armed merchant vessels of ths United States,
T.j.. ucai'uiMuu aim pai-i over to the collector
ot the customs at the port or place in the United
States at which such captured or re-captured
vessels may arrive, tube by said collectors paid
over to the Treasury, as other public monos;
and the same shall he held, and is hereby
pledged as a fund lor the support of the widows
and orphans ot such persons as mav he slain,
and fur the support and maintenance of such
persons as may be wounded and disabled on
board the armed merchant vessels aforesaid, in
any rencontre or engagement with any pirati
cal vessel or crow, to be assigned and distribu
ted as hereinafter provided.
Sec 9. Anil in if further enacted, That the
Sec:etary ot the Navy he authorised an I re
quired to place nji the pension li-t, tinier like
regulations an 1 restriction-, as arc us.-J in rcla
i Uon to the Navy of the United Stales, any mas
ter, otlier officer, or seaman, or other person,
employed on board the armed merchant vessels
ot the IJ. States, who shall have been wounded
or otherwise disabled in am engagement with
; pirates, allowing 1.. the master or command, r a
| sum not exceeding-- dollars per month; to
mates, not exceeding-dollars each per
month; and to seamen and otlier persons cm; lev -
ed as aforesaid the sum of - dollars per
■nnnth, for the highest rate of disability, and so
in proportion; which several pensions shall be
paid by direction of the Secretary of the Nav v,
out of the fund above provided, and no other.
See. 10. And be it further enacted, That il
any master, mate, or other officer, seaman, or
other person, employed or serving on hoard am
armed merchant vessel as aforesaid, shall die bV
reason of a wound received in the line ofhjs
duly, in any rencounter, pursuit or engagement
as aforesaid, leaving a widow, or if no vv idovv, a
child or children under sixteen years of age,
such widow, or if i*o widow, such’child or chil
dren shall he placed'on the pension list bv the
Secretary of the Navy, who shall allow, out o!
the fund aforesaid, and no other, to such widow,
child, or children, half the monthly pension to
winch liie rank or station of lb. deceased won}!
have entitled him for th.i highest rate of .Usabil
ity under this act: which allowance shall con
tmne fir the term of five years. Ihn, in ease
ot the death or intermarriage of such widow be
fore the expiration of five years, the half-pay lor
the remainder oiTl.c term, shall go to ;ho child
or children of the deceased: Provided. ’That
the hall-pay shall cease on the death of such
child or children, or O't their arriving to the a^e
of sixteen ve.ir.x.
•‘Sue It. And hr, it further enacted. That all
Iroin the second to the seventh sections of this
act, inchi-uve,shall continue and he in fo-co for
the term of one year, and mud the end of the
next session of Congress thereafter
The hill was twice read, and, or. motion of
Air. Barbour, made the order of the day for
I inirsday next. J
A message was received from (he President
o! th • U. .States, (die same as that received in
the other House on Friday,) respecting hi; ac
counts with, and disbursements for, the coveri
ment, b
Mr. Hawk moved that it be referred to a
•cli»ct committee.
. ^r' •smith said, that this request of the Pre
sident was with a view to collect all the infor
mation necessary to be acte ! on here .''ter. 11,.
supposed that a committee would he appointed
m the other House, and. as it was not fob'- ;,ctcd
on during the present session, he sng^c-trd th >
propriety of laying it on the table, To he taken
up for disposition at a future da v.
tJV,ri,KV', V rV,om nomn.it
ten ot the two Houses were anon ;.-d, it would
h<; more fitting the subject; each House or^an
'zmg a committee on the subject would be
merely obstructing each other.
rule ,l,'“ U " ;,S « P"'lfc'ncn(arv
ruin that one House could nut know wl.at ll.e
"the. mu acting on and that each H».,-e should
act for itsclt, cxe< pt in matters of great nation •«»
importance, when they might invite a jo ,
cninuut,ce. Yet he had „u oh.ectmn ti the
i -ttcr course. f ti«. «hj« ct was in MibManrc a
joint committee - t was to investigate f ,P(s
•secrlain what was doing i„ t|„. other Home
an I present the fads to this House. This oh
J.-C’ wool ! be attain, d by referring (|IP m •,sa«-e
toa select comm,lice of this House, and tbev
would not bp acting superfluously in r„ll e-in'r
anl arranging the facts, if ,be gedlo.rTwi
f.om Alabama (Mr. Kelly) wished f„r a io
to act lor itsc'f—i, wa. a
f mT" ,c:r" »«>••<»»,
Mr. If i no- rs oKsei fed, tl.s.f a subj c, oftbi*
<.’d was one which would require mature eon- !
m
time for reflection, mot ed that the message lav
on the table, to be taken up he real ter.
This resolution was agreed to.
IIOU.SF. OF UEPUESENTATIVF.S.
The SpRAKr.it laid before the House a com
munication from the Department of War, made
tn pursuance of the Secretary ofWar“t" lay
before the House any information in Ins Depart- ■
ment which may serve to shew the actual \ aluc j
of such property as was occupied, or was sup
posed to have been occupied oy the got triiment 1
o! tbo United States, and dcstiovcd hv the cue
iny during (lie late wai,” accompanied by a letter |
irom Major P-.-rrin Willis, and containing sill
the information on file in that Department.
A communication was also received from the
, Department ol the Treasury, containing a state
I nit.;! ol the amount paid as itidemti ty to the
claimants <•> property destroyed during the late
[war, in irtue of the act oftlieDtli April, 1816.
and the subsequent acts amendatory to the
same. '
And, from the same Department, a emmnuni
cation was received, transmitting an abstract of
lands, lots, and dwelling houses, owned or pos
sessed on the 1st day of April, 1815. v. itliin the
counties ol Niagara and Erie, as exhibited ill
the return ol the Principal Assessor of said dis
trict.
A communication was also receive J from the
Department of War, in conformity with the 5th
section of the act of Congress of the .»d of March,
1 809, entitled “An act* to amend the several
acts for the establishment and regulation o; the
Treasury, War,and Navy Departments,” trans
mitting a statement of tiie ‘id Auditor of the
Treasury, shewing the expenditure of the
moneys tuipropriatcd Ibr the contingent expenses
of the military establishment for the year 18 i t.
The following Message was received ftom
the President ol the United Stales, hv Mr. F.vkr
ktt, his private Secretary.
'I') the 11>•!{."» of R'prcxt ntulirrs:
1 should hasten t<> communicate to you the
documents called for by a resolution of tin- 11.
of K. ol Ihc-Ph instant, relating to the conduct I
of the otlicers of the Navy of the United States, j
on the Pacific ocean, and of the public agents
in South America, if such a communication j
might now he made, consistently with the pub- :
; lie interest, or w ith justice to the parties c«.n '
I corned. In conseqiicneo of several charges i
: which have b -on alleged against Com. Stewart !
I touching his conduct, while commanding tl»e 1
• squadron of the United Stales, on liiat st-a, it j
j has been deemed proper to -u~| d him from
I duty, and to subject him to trial on ihosc charges,
j It appearing also, tlurt .some of those charges
[have been communicated to the Department,
j by Mr. Provost, polite: d a»< nt, at this time, of
;t!ie United Stales at ! ro, and heretofore at
j biicnos Ayres and ( ! i, ..u-l -.iiipirent! with!
ins sanction, ant! Ur.it diaries have likewise
been made against liiin, by citizens of the LTni- I
ted States, engaged in commerce in that quar- i
' 7er, it tins boon thought equally just and pioper
that he should attend here, as well to furnish
the evidence in his possession, applicable to the
j charges exhib ted against Uommndorc Stewart,
j as to answer such ns have iiceu exhibited against
| himself. In this stage, the publication of these
documents might tend to excite prejudices,
which might operate to (tie injury of both. It is
important that the public servants, in every
station, should perforin their duties with fidelity,
according to the inpinclions of the law, and the
order of the Executive in the fulfilment thereof.
It is peculiarly so that this should lie done by
the commanders of our squadrons, especially on
distant seas, and hv political agents \\ ho repre
sec.t the United States with foreign powers, and
lor reasons that at e obvious, in both instances.
It is due to their right, and to the character of
i the government, that they he not censured
without just can-e, which cannot be ascertain
ed, until, on a view of the charges, they arc
heard in their defence, and after a thorough 1
j a id impartial investigation of their conduct,
j I nder those circumstances, it is thought that a
i coinmuiiicaCioti n( time, ol tliobc documents,
I,would not comport with the public interest, nor
’ with what is due to the parlies concerned.
JAMES MONROE. |
U’ashiwcton, IO//i Jan. lfli'.j.
j Tne Message was read, and ordered to lie on
j the table.
PENAL LAWS OP THE U. STATES, i
The I louse then, on motion of Mr. Wkkstku,
I went into cuunnittceof the whole—Mr.1 'o.vuict
j in the chair-—on the bill further to provide for
| the punishment of crimes against the U. Stales.
Air. P. P. Bakuour rose, for the purpose of
j suggesting, to the honorable Chairman of the
Committee on the Judiciary, the propriety of a
; modification of the hill now before the commit
j te ■—i in * iiucation which had respect •> the
j principle of the bill and which, if adopte- . woul.J
! run through several of its parts. He ' Jdy ap
| proved of much that the hill coni :i..-d,' and
j thought that many of the offences ii ontempia
' fed were worthy of punishment; but the nh>ecl j
! im widifid to attain, in the modification h< r. *.v j
. suggested, was, that the federal courts .should i
have cognizance of all cases wb re punishment j
1 was necessary, and where the state courts have I
no jurisdiction; but that where the state conns I
liavc jurisdiction, there iione should be given u>
the United States. Hr ws- b.!! aware that the
.subject was one attended with much and great
| lillicnlfy. If wc look at the legislative de
| part merit of the government, we find that the !
; constitution gives :t power to define and punish
| piracies and felonies, committed on the high seas,1
; and offences against the laws of nations: if wc
; look to :lif judicial department, we find thccon
| stittiliun giving it jurisdiction over all cases oi
j admiralty and maritime jurisdiction. Con lining
our attention only to the legislative power of the
government, it would seem to be at once limited
! to “the high seas” blit, if we go on to the judi
; cial. we find it under the words “admiralty and
j maritime jurisdiction:” terms, the precise import
of which, ili re is much difficulty in settling_
! The question arises, how far does this admiralty
; jurisdiction extend? The diflicully of marking
(Sis line, with precision, none knew better than
the gentleman from Massachusetts himself, who
'“oka very distinguished part in a celebrated
case lately argued before the Supreme Court of
the United States, and which turned niainlv on
that question. In another case, where the same
qn stiun came Up, Judge Story devoted Seventy
live pages to the discussion of it. ltis(hnopi:i
ion of some, (and this distinguished jurist is one
of the number.) that maritime jurisdiction ex
tends over “tin high seas,” and over the sea as
it extends into bay s, harbors, rivers, and creeks,
an I as fur a- ii ebbs ar I flows. Others sav that
the common law juri fiction extends onh to the
enclos'd .parts of tiio sea. If the first of these
opinions is the correct one, then, according to
flu: provisions of the present bill, the jurisdiction
of the federal courts w il! spread over all the bays,
h irhor.s, and rivers of the Union, as far as the
tide flow . Mr. !J. observed, that bcshouM n< l
j him** If (in ter! ike to define the precise extent
of thi. o oiteri discussed jurisdiction; but, as (lie
j*omt bad been a matter of controversy long be
fore the date of our constitution, it might be
argued with some plausibility, that the clause in
the const uni ion which speaks of piracies and
felonies “on th-high seas,” had been intended
to settle the question. It was a controversy
which had called forth a vast amount of talent
an I intelligence, hut, without pretending to set
tle it. he co iccived that tvou mccssarv^purpose
would I e -.observed if the bill gbaM make provi
sion fw the minishment of crimes committed
with, ut and beyond the jurisdiction of the seve
ral states. Now, it was the received doctrine
that every state has jurisdiction as far as its own
territorial limits extend; and these limits clearly
include all the bays, waters, creeks, X’c. which
arc witbtu the state. The gcutlemanxiiust well
recollect the ease where tins was settled before
tbe Supreme Court, in relation to the state of
Massachusetts. Ilis wish was to avoid all col
tiding jurisdictions—ami, therefore, it was, that
he n ished the bill modified in the manner he
hail stated. And he now suggested, with that
view, that the bill should he made to read as ap
pl\ ing to olieiicc s committed “on the high seas,
and heyoml the tcrritorialjurisdiction of any of
the states;”or any other phraseology which would
attain the same object. (He believed the lan
guage in the former law was “out of the juris
diction of am particular state.”) He trusted
that the honorable member from Massachusetts
would not object to such a modification.
Mr. Wkbstkr rose in reply—He said that th«*
member from Viiginia had stated with great fair
ness the difficulty which attended this- subject—and
it' lie apprehended, with that honorable member,
that any disagreeable collision would lake place
between the Federal and State authorities, fmiii
the passage of the bill as it stands, be might per
haps lie induced to modify it as proposed. lie was
well aware that tie- leading law heretofore existing
i on this subject, provided for the punishment of
crimes committed “on the high seas, or i*i any bay,
Itarlxir, basin, creek, or river, out of the jmisd rtion
of any particular state;'* but be had expressly
stated, wlu-n lie introduced tbe present bill, that its
object was to cany that act farther, and he would
! now as -ign senn: of the reasons whii h led him to
desire it: Tin- power to pun —'i was one for which
no government ncw-a-.’ays was. milch disposed to
contend—ai-d the oil’ences committed within the
I--leial jurisdiction were, in mo.,t case-', directed
against the United States, nr against those inter
ests which tile (ioveriiinent was especially bound
in j)ioi»*rr. I no jui is*!ictinu of the L uitotl Stiitcs
was found riiirtly where commerce existed, and
commerce was an interest which tlie United States
were peculiarly hound to protect—it is an interest
■ ♦■gtil.ited by tlie United States—its revenue is
given to tiie 1. idled States—and tlie bill proposes
to give tin* Federal Courts jurisdiction over crimes
only where they now have jurisdiction ryy»r com*
tncicc. Tiie crimes most mischievous vte.e crimes
against the property of the Government. Kow the
question was, whether the General Government
■din 11 devolve the whole burden (tin it was a bur
den and nut a privilege) of punishing crimes against
itscll, on the St tie Go vet nnints, bee a u<e committed
within their bounds. In taking this task into its
own hinds, the Government will only be acting on
tbo principle which has governed it from its origin
offences against those right, which are peculiarly
committed to it, protection it has always punished
in its own (Joints, such as counterfeiting the nati
on .1 coin, finning the national securities, dec. There
was nothing to prevent the State Government from
punishing these offences as well as others within
tbeii limits; yet the Federal Government has never
lelt it to them. The great objection against leav
ing tlie task of punishing to tlie State Governments
is tlie burden ot expense; no State Government, so
tai .is bis knowledge extended, was ever very
anxious to take this burden—none were very am
bit mus ot extending their jurisdiction in this res
pect. He would now state, so far as his uutler
-t a tiding «1 it went, how the power of punishing
these dimes came to the General Government. In
defining the power of Congress, the Constitution
.-ays, it shall extend to the defining and punishing
ol piracies and felonies upon the high sea,, and of
fences against the law of nations. Whether the
(.oiisli tut inn uses tiie term "high seas,” in its strictly \
technical sense, or in a sense more enlarged, i, not
material. 1 he Constitution throughout, in distri
buting legislative pow er, lias reference to its judi
cial exercise, and so, in distributing judicial power,
has inspect to the legislative. Congress may pro
vide. by law, tor the- punishment; but it raiinot
punish. JSiw it says that the judicial power slmil
extend to all cases ot maritime jurisdiction; and it
has lately been argued that, as soon as a judicial
■ystein is organized, it had maritime jurisdiction at
once, by the Constitution, without any law to that
effect—but 1 do not agree to this doctrine—and 1
am ve.y sure tiiat such has not been the practice of
our Government from its origin in lTit:; till now.
I I"’ ( institution defines vvliat shall tie the objects
of judicial power, and it establishes only a Supreme
Court but in the subordinate Courts the juiisdic
ti;"i they shall exercise must be defined by Con
gress; the defining of it is essential to the creation
of those Courts. The judicial power is indeed
granted by the Constitution, but it is not, and can
not lie e.rtrcised till Congress establishes the Com is
by w hich it is to be exercised. And I hold there is
stili a residuum of judicial power, which lias been
granted by tiie Constitution, and is not yet exer
cised, viz: fin the punishment ot crim^^>v,inmitted
vyithin the admiralty jurisdiction o.^Tne United
States’ Courts, and y- t not without the jurisdiction
ot the particular states. So tfit; Constitution says
tiiat the federal Courts shall have jurisdiction of
ail civil cases between citizens of different states,
and yet the law restricts this jurisdiction in many
respects—as to tlie amoi.nl sued lor, <isc. There is
a mass of power entrusted to Congress; but Con
gress has not granted it all to specific courts, ami
therefore the Courts do not exercise it. Tbs Con
stitution gives to Congress Legislative power in all
cases ol admiralty jurisdiction, from whence has
occurred one of the most extraordinory of all eir
i umslances that causes of revenue have become
i uses of admiralty jurisdiction. The cause of this
seems to he, that, under the colonies, these causes
wcie tried by a Judge of the Crown; in England
they me not held to be case of admit ally jurisdic
tioti; Ini* arc tried by Juries in the Corn t of Exche
quer. 1 lie act of 1790 gives to the District Couit
of the L’liited States original cognizances of all]
1,1 auimniiiy jurisdiction, including cases ol |
Mitur.-; hence that very state of tilings has hap
pened, against which, when we were colonies, we
were petitioning the mother country for hundred
years, (which seems to show that the real grievance
was not the trial of these causes without a jury,
lint by a judge appointed abroad and without our
consent.) Mr. \\ . said that, notwithstanding the
objection urged against the bill, it would be found
mat the law now existing has provided for the
jurisdiction the hill proposes—that is, for the punish
ment of crimes committed within the maritime ju
risdiction of the United States, and at the same
time within the jurisdiction of the scales. The act
of 1 if*0 it it had stnpprd at the words “high seas,’’
would, indeed, have excluded such a jurisdiction as
that now proposed—hut it does not stop there: it
says, also, “and in all hays, harbors, creeks,” &c.
Many things arc directed to be punished in the art
of 17b0, on the high seas, which are neither pira
cies nor felonies, although tire Constitution, speak
ing ol the judicial power, restricts it to piracies and
felonies, which would infer that the Constitution
was then held to grant larger power by the other
clause. Several utlier laws, besides that of 1700,
give express authority for the extent of jurisdiction
in this bill. Mr. W. here adverterl to the act of
May, RIOT, in which it is decided that admiralty
jurisdiction extends as far as the tide ebbs and
Hows. Mr. W. concluded his remarks (of which
our Reporter professes to have given but an imper
fect outline, in which he docs not expect to have at
tained the complete accumcy desirable in a view
of legal discussions,) by remarking that, if he per
ceived any danger of the collision whicii some gen
tlemen seemed to apprehend, he should be the last
to urge any hill that would produce it. We might
indeed get along without the measure now pro
posed—u-e might continue to limp and halt as wc
have hitherto limpid ami halted -many murders
would go unpunished, an I much United States’
prc.pei |y won id ho left without any protection from
the United States. If we went into any harbor of
the country, wc should see less of the state author- j
ity than was proposed to he left untouched by this '
hill. f lic commerce there is all regulated by U.
■State laws—the masters, the mnnitcts, the pilots,
are all under regulations of the United States’
-and iie thought that the crime? committed there
would also be must properly punished by the U. S.
if its jurisdiction may lawfully be extended to them.
Mr. Barbour observed, that the difficulty he
had fi st stated still remained, which was, the local
i*xtent of maritime jurisdiction. He knew that
there was a distinction between the civil and crim. I
ntal jurisdiction in this respect. In the former, the !
question of locality did not come up for inquiry; |.
jut in the latter, it was material The owMtiort of
its liiw.ts hail « alleil forth Illustrious talents, but
was still undetermined. Whore is it to be limited?
To the high seas? If not, to “the sea?" If so, is
it the “open sea,' or is it also in harbors, and does
it asrend r.vcrs- with “the ebbing and flowing of
the tide. Hits, said Mr. B. is the diftruhy. 1
•yiib to avoid it by limiting the bill to places with
out Hie Mate jurisdictions. He did not think it was
a fa ir prcutnplton that the Stale Cove, timet.ts
woo d neglect the.r duty. The projier and the na
tural picsu.npt,o„ was, that they would tin it on the
waters as much ns on the land. ||0 w ould, how -
< ver, make, at present, no distinct motion. l,id. ed
no one motion would accomplish his object He
would only present to the hoootnhle chairman of
the judiciary committee, the suggestion, which, if
adopted, would requite a mtmbci of distinct amend
ments to the hill.
Mr. W F.ttiTKR observed that it would be br,t in
i 1 ,,M5il11 l" proceed with the details of the
I hill.
The remaining sections were accordingly read in
I Mr. Wf.bstf.u explained the particn
: ar ohjucts of several of them, and suggested several
I slig it amendments, which were adopted—w hen the
i rose, and tepmted the bill as amended.
[ I bis will he the unfinished business of to-utor
| row. I
Mr. \ axck. ol Olno (by leave obfaitted) ofiVtcd
the lollnwin^ which lies one*
! "Hrsolved, i’ll;it tin; Secretary of the Treasury
be requi sle.l to furnish tlus House witli a state
"tent, showing vHi.it pmtioii of the money paid in
virtue of the act of 9th April, llllfi, and the suIjm
j qnent acts am, n.lato.y thereof, and what tnonevs
!ia\e boon paid tnnler the Shh section of the ait nf
April, Id 16, and, of that poilinn, what pa it was
paid to toe claimants on the Niagu'.n frontier,anil
also designating ou tvha, claims titc residue of the
said money has hc.ni paid.
And then the Mouse adjourned.
RXeiS SSZQjfflD W5I2G.
_FHIT)A_Yj\^QRKIN(», JANUARY 14, ir>‘2.*.
~'!r: ^iiraea slreoants —Tito message of the j
l lose lent to Congress, asking an investigation of!
his accounts, an I modestly intimating claims which 1
he has on the government, has been taken up in the
House ol iieprcsentutives, and has undergone an I
extended discussion. We are pleased to find that
whatever cm.t ariety of opinion existed outlie mo- i
per destination of his message, |,u< „ne sentiment I
" rcsl,c»-;ls exptessed towards its author, and I
hut ,ho single determination manifested, to give hu '
claims a Ian investigation, anil to render whatever
justice required. This respectful and Hi*. ,1 Spirit
towards the venerable person who lias her i so Ion r
m the service of his country, is worthy of t c A me" !
rican Congress, and the fee Hugs < f their on.titu-'
cuts Will no doubt respond to it. That \|,. Mon-!
me has claims upon the justice of his country, v.e !
aro firmly persuaded, o, lie would never have lire- !
svilted them. What those claims are, he lias with i
pi aisewo, thy delicacy, declined at this time, to com- j
mu men tr. J hat they are .such as will and ought :
t<* he admitted, we both hope and believe. It has !
>een said, that Mr. Monroe is about to retire for
ever, from his long public services, poor in ail hut I
the consciousness of having played a ronspiem
tiseiul and honorable part in life. \\ e are pleased !
to learn that lus countiy is indebted to him, not only '
,n hut in that which w hen rendered, will
enable him to pass the remainder of his rlavs. like ■
Jeflerson anrl Madison, in philosophic.il retirement,1
and pecuniary ease. We hope that his claims may 1
plot only prove well (minded, hut sufficient in '
amount, to extricate him l oin all embarrassments,
anrl to place linn lar above deDendence. We have
not concurred with him in all ids political measures, j
but w hen he is about shaking hands with his conn- j
try s service, we are only disposed to remember Ids I
revolutionary exertions. Id, long devotion to the
good ot Ins country, and his worth and Hi'nily as a :
jimii. .\o»y generous bosom would repine nt the j
thought ol his terminating the last rlavs of Ids life •
in penury, who had devoted their ; m.thful and ma- j
turret \ igor to hi3 country.
U e 111v.l1.rstai. . tii.n Mr. Monroe's claims are '
p. incipnlly founded upon extraordinary services |
! rendered in his diplomatic capacity, Air which lie i
j lias ler elved m* compensation. When at Paris, for i
j mst'"re« he was transferred to London, or Mad. id 1
. and had to encounter all the expenses of removal. !
I purchases of furniture, .tc. and only received the i
, salary and outfit of the year. At another time, \
j alter being recalled by den. Washington, the ill- 1
. lies „t Ins family detained him for ,ix months in
j Paris, du mg which time, though unauthorised, he
continued to discharge the ordinary diplomatic du- 1
"es. It seems to us. that these facts give him a I
strong equitable claim on tile justice of the govern
i ",e"‘ ‘"'I* w,!. understand, the practice of the go- I
I v*,,lme,,t has siarc been in allow double sala.ies in 1
,the case first stated. Thus when Mr. Gallatin. !
■ then Munster to trance, was appointed to nego
tmte the treaty ol peace in 191 1, with others, lie ic
i reived an equal salary and outfit, with those mem
hers or the end. issy, who were taken directly from
the United Mates. This is hut fair and reasonable
On I in*’ • iy on motion of Mr. Forsyth, the
message Of the President was referred to a select
committee of seven, by a vote of 90 to 70, with the
following instructions:
“ * '* rB.ct*'vc from the President, any evidences or
explanations of his claims which he may think pro
per to preset, and to file-the same in the office of
the Y leik of this House, to be acted upon, at the
next session of Congrc.*;-,1>
n'rst India Squadron.—Captain Warrington,
who h.ii been appointed' to the command of the
squadron in the West India seas, and Gulf of Mex
ico, in the place of Com. Porter, recalled in conse
quence nf the attack on Faxardo, will sail ham
-Nortolk m a lew days, in the sshooner Shark. Cap
tain V\ arrington has been received with distin
guished attention by the citizens of Norfolk, and
we feel assured that he will continue to meiiMhe
affections of his native state, even after he has en
countered the corrupting atmosphere of the Tropics.
Commodore Stewart.—Under the Congressional
head will be found a message of the President of the
l i.ifcd States, to the If. of R. responsive to a call
made by that body, for documents in reference to1
the conduct of the naval officers, and political
agents of the U. States in South America. The
President, &»• reasons which he discloses, has de
clined making the required disclosure at this time.
In the mean time we arc told, that com. Slewait,
late commander on the South Sea station, has been
suspended from duty, preparatory to a trial; and
that Judge Prcvost, political agent of the V. States
to the Republic of Peru, has been recalled, froth to
sustain charges, which lie has preferred against
com. Stewart, and to stand trial on charges "trade
against himself.
Attempts arc making in various quarters to sup
press the censure of the press, under the pretext that
the naval officers who have recently in the West in- |
dies and the Pacific, incurred the displeasure of
their country, ;ire about tube subjected to a t.ial
for their alleged misconduct. To a certain extent
this is reasonable. Where particular transac
tions are involved in doubt, it may be improper to
anticipate the investigation and censure of the pro
per tribunals. But where no such doubt exists_
where the mutual relations of the V. States have
been obviously violated—the laws of nations treated
with contempt, and the honor of she American flag
tarnished, it is the duty of the press to point and to
animate public censure. Does any man doubt,
that toner s attack on Faxardo, is a most flagrant
outrage on the rights of a neutral and imbecile
power, and a degradation of the honor of our flag7
1 hough the distance of the theatre on which com I
Stcwa.t has acted, has involved his transactions in
ino.e obscurity, docs a ny one doubt that his conduct
" b««*t. discreditable to himself, injurious to the
republicans of South America, beneficial to the
royalists, and highly disreputable to the U. States7 j
la it any longer a matter of doubt, that our naval 1
officers o„ that station have realized vast sum. of
money hy selling the protection of the American
flag «o one helligercrtt, in violation of the rights of
the other, and that on almost every occasion, this
protection hat been given to the royalists, in oppo
sition to the republicans? And yet it is expected that
the press is to be silent, until these officers bafe
been tried by one another, and have probably been
acquitted by fellow feeling, and the £*priidu Corps.
■ We have bear, it urged in defence of com. Ste war,
that lie hud only made about whilst others
| oil the ssime station, had made 70 nr 80,000. We ask
it an American squadron was sent tn those scat U.'
i iirich the officers, to oppress H.e republicans, to as
sist the royahsts, and to disgrace the ting ot the U.
. a • «, or o tuve wholsoiec employment to the offi
1 |i° ^ *<i protect the commerce of
! C 1 • SU,0\1"‘ HariIi«-» The question ot i„
I ocenceorguth cnnmt he changed hy the amount
| -I the sum. realized. For one, we shall not he m
i s,"7 , 7,n"!v hc,icve «'»« ‘I"’ dignity ot the U.
! St",cs h\'* tH;« " 1‘iwered by the condor, of the offi
cers, evd and naval, on the coasts and continent of
- nuth A.nc tea. And that our squadron in the I’a
cilic, instead ..r ado,ding emiiitciiance to the rl
Im.t Republicans 0|-chili and Pern, has assisted the
"I1;;t,u“' r',ynli>i‘ enemy. Until convinced
u,,‘s,‘ »»P*e«u..„s arc cr.nncou,, we shall mu
I whu.h the honor of the national character requites.
AFFAIRS OF THE STATES.
.Vrrn Jirxri;. — We have been favored with a
pamphlet Iron. I rc.,»o„. Containing the very pmper
' ' spoiled proceedings of tbe friend, of M,. A
.lan.smAeiv Jetscy,!,, offirence to dm vote of
10 ttif.-rt Olcexioii pending before the
Ko.m , t Kr presentattves. We believe doubt
r .th -r the vote ot New Je.sev was Sr
cure tor iM; \ r.\:\y the r<*s>tlt of the Electoral
etc. tins, th.- f all, displayed a decided plmnlity
»* In, lav.,/, and we tiresome dm, if.
toe Representatives ol the State feel under un>
ohng.tti.,1. to follow the leading, f their constituents!,
day will vote for that candidate who has the most
mends, and mu tortile otic who hath chanced ttv
obt.i m the Electoral voles. We give extracts be
low trout this pamphlet.
-pi . , eso vc"’ the opinion of the meeting
r,at the true principles of our government can
not be better explained ll.an by that constitution
tvliicli directs all t«s powers and operations, atrip
,al '^hatever freedom of choice is thereby se±
cured to II,o people or ,heir reji.CM'.iUlives, it
is then right ami their duiy to exercise honestly
and independently.
“r Kes-dved, That in the opinion of .(his
meeting, Mr. An.uis is the choice of the People
oi New-Jersey for the next Presidency; and even
i. ho bo or not. th.ti there has been no such de
cided expression ot opinion in favor of another*
candidate, as should coutml the vote of our ro
presentatives on that subject.
-‘.I. Resolved, That this meeting feel it their
duty to protect their representatives from at
tempts at intimidation on (his important question
and will support- them as fir as wc are able, in a
iirm and honest endiavom to make such an ap
pointment as, according t„ their |)CSl jujff'rncn.
will most correspond with the honor and interests,
ot the nation.
“These re solutions were unanimously adopted,
and afterwards signed by uventy-llirec members
ol lh^ Uegjslatiire, and a multitude of other
persons.”
I In- address drafted by tlii; meeting to their Rfc- -r
prcsentativps iit Congress., R a sound and judicious
construction ol lire* Cm,aitution, and a rational
exposition of the duty of ,!,« Rep,esc,native. In
icplv to the absuid positions of the partizans of
Jarkson, that that candidate was entit/rj t0 the
, residency iron, having.ohlaincd a phiraliti/ of the
K.ectornl votes, the addressuses this forcihje'reasnn-.
mg "'hu h wc arc perhaps the more pleased with,,
as it sustains opinions which have.bceu advanced
in tins paper.
“This great charter of our rights was estab
lished by ‘the people of (he United States’under
the auspicfs of the immortal Washington and
Ins illustrious compatriots. Its great intention,
as we read m its own emphatic language was, ‘in
order to form a more perfect union, establish jus
tice, ensure domestic tranquility, provide for the
common -defence, promote the general welfare
ami secure the blessings of liberty.’ These most'
interesting objects however, can only be e flee ted
by a scrupulous conformity in all proper cases
re\, ,er a,ul sT,nt of that instrument.
When reference is made to it in relation to the
piesent subject, we see that on opening thecer
tifiratcs and counting the votes, if it should ap
peal t!,at no candidate lave a majority of the
whole number of (he vUcs of the electors appoint
ed, that then, in such core,‘from the persons hav
ing the highest numbers, not exceeding three,
on the list ot those voted for ns President, the
House of Representatives shall immediately
moose, hy bal'o*, the President.’ From this
clause it is plain that the Home of Representa
tives' have a discretion vested in them to choose 1
for 1 resident any one of the three highest of
those presented to ll,eojby the electors. You, i
gentlemen, possessing hy the express terms of
the constitution the right of a free choice canons ,
three candidates, we protest against the indeco- -
rum oi any other body of men convening in the
primary assemblies of the people, and attempting
to restiiet your vota to one.
“Hear the doctrine advanced hy those who
are striving to deprivo you of this most impor
tant right granted to you by the people, when
they established the constitution. The persons
composing the meeting to which wc allude, tell
you olainlv, that lhoy will consider ‘any repre
s- n ative ot the people who omits to vote* for a
ya. yu...*. uauuiuaic ny them nainodv ‘asi<ft- 1
fa l fnl to the high trust reposed in him.* We
do solemnly protest against sgch principles arid
suc.i language, approaching to an interference
m a great national concern, in a style of
menace unwarranted by the terms of the federal
cliai ter. and of very dangerous precedent. As
wcil might the members of that meeting, on the
abstract principle that the people are the sourco
and fountain of all power, proceed to Washing- '
ton, and c/ai«r the eery seats which you occujn/
on theJtoor of Congress, as to iriqiose on you aii
obligation to register their mandates and to de
prive yon of a right secured to you by the
solemn and positive terms of the constitution.
As well might it be pretended that the people
had a right directly to choose the President
without the medium of electors, or with equal
propriety might any other absurdity, directly
tending to an arbitrary destruction of this estima- ‘
hie charter of our rights and liberties, fie jus
tified. Be assured, gentlemen, that this h not
the language of the great and sound inass of the
people ot Acw-Jersey, whose republicanism i*
the republicanism of the constitution. To it they
will cling as to the ark of their political safe-tv,
which has sheltered themselves and their fathers
from many dangers, and a Inch they regard as
the foundation of (heir security. We do there- 1
fore most earnestly insist that you can faithfully
disebprg. the lugh trust reposed in you, only by I
t.ie selection of such candidate among those
presenter! to your choice, whether he haventure
or fewer electoral rotes, as in your judgment will
most effectually promote the public welfare.
"It is not to be doubted that the framers of
this celebrated system, men so characterized for
logical precision and sagacity, had anirnpoitant
view of public policy in each and every clause
of if. They ivere not men to u«=c unmeaning
phrases, or such as would in*e>t any thing void,
superfluous or insignificant. They undoubtedly
intended to give effect to every distinct pari._
We trust therefore you w ill consider the election
which you are to make as a solemn duty to be
exercised by an appeal to your own pu gmentr.
unfet ered by the ties with which those who’
would dictate s our conduct appear to wish you
hound. It is indeed, not a little extraordinary,
that such positive language to the public fur.c
t onaries should now be a surned by men who, if
their own repeated discourses and wi itings at no
remote period can be credited, have on this very
subn et bjpm at different times of very variable
and inconsistent opinions.
|‘But it is not our desire that you should re
ceive the construction which we affix to that
<
1