Senate.] Suppression of Piracy in the West Indies. [JAN. 10, 1825. and the same is hereby, appropriated for the aforesaid purpose, out of any money in the Treasury, not otherwise appropriated. SEC. 2. And be it further enacted, That the commandand crews of the armed vessels of the United States shall be, and they are hereby, authorized, under such instructions as may be given them by the President of the United States, in the fresh pursuit of pirates on the Island of Cuba, or any other of the Islands of Spain, in the West Indies, to land, whenever it may be necessary to secure the capture of the said pirates, and there to subdue, vanquish, and capture them, to deliver them up to the authority of the Island where captured, or to bring them to the United States for trial and adjudication; as the said instructions of the President of the United States may prescribe. and the lives of our citizens destroyed, by pirates issuing from the colonies of Spain, in the West Indies, is a fact derived not only from the message of the President, but is of universal notoriety. These outrages have been so long and so often repeated, and marked with such atro-ers cious circumstances, that a detail of the particular cases would be as impracticable as unnecessary. Our Government, with a view to protect our citizens, has resorted to the means within their power, by stationing a naval force near the places where the pirates resort; a measure also, pursued by other powers. Every effort, heretofore, has been unavailing, to put an end to these atrocities. These desperadoes, acquiring confidence from impunity, becoming more ferocious from habit, and multiplying by recruits from the most abandoned of other nations, threaten the most disastrous mischiefs, justly alarming to that highly valuable and most respect- Sec. 3. And be it further enacted, That, if any of the able portion of our fellow citizens whose pursuits are on said pirates should escape from the fresh pursuit of the the high seas. It is manifest, as well from facts derived commanding officers and crews of any armed vessel of from other sources, as from the message of the President, the United States, and find refuge in any of the cities or that the continuance of this evil is ascribable to the asy-ports of the said Island of Cuba, or other Island aforesaid, lum afforded the banditti in the colonies of Spain. The the President of the United States, on being informed Government of the United States, cherishing the most of the fact, in a manner satisfactory to him of its authenamicable disposition towards Spain, has presented the ticity, shall be, and he is hereby, authorized, at his dissubject with great earnestness to the Spanish Govern- cretion, to declare the said port or city to be in a state ment, demanding reparation for the past, and security of blockade, and shall cause the same to be invested by for the future. To these reiterated remonstrances, no the naval force of the United States till the said pirates answer was returned till very recently, and to this day, shall have been secured and punished by the authorities all that has been obtained is a promise of a satisfactory of the said Island, or until satisfaction shall otherwise answer to the applications of the Government of the have been made, whereupon he shall deem it just and United States: although Spain has been solemnly warn- expedient to discontinue the said blockade. ed, that, if she did not promptly acquit herself of her Sec. 4. And be it further enacted, That the commanders obligations to us on this subject, our Government would and crews of any armed merchant vessel of the United be constrained, from the nature of the outrages, to be- States be, and they are hereby, authorized to recapture come its own avenger, and, availing itself of its own re- any vessel and cargo taken by pirates upon the coast of sources, protect the commerce and lives of the American the Island of Cuba, or the other Islands aforesaid, or on citizens from destruction. In the same spirit of conci- the adjoining seas; and such vessel so re-captured, be. liation, an appeal has been made to the local authorities, ing brought into any judicial district of the United States, accompanied with a request, that if, from weakness, shall be adjudged to be restored by any Court of the they were unable to exterminate the hordes of banditti United States having admiralty jurisdiction therein, to who took shelter from pursuit within their territories, the former owner or owners of the same, he or they pay that permission might be given our forces to pursue them ing for salvage not less than one-eighth, nor more than on land. This has been denied, on the vain punctilio of one half of the true value of the said vessel and cargo, national dignity. The posture in which Spain now stands at the discretion of the Court, for the benefit of the reis that of connivance in these injuries, or incapacity to captors, and in such proportions as the Court shall diprevent them. "A sovereign who refuses to cause re-rect, which payments of salvage shall be made without paration to be made of the damage caused by his sub- any deduction whatsoever ject, or to punish the guilty, or, in short, to deliver him up, renders himself an accomplice in the injury, and becomes responsible for it." If the committee were of opinion that the refusal, on the part of Spain, was wilful, and not the result of inability, they would, with a full view of all the consequences which the measure involves, at once recommend an appeal to the last resort of na tions, against Spain, and all her dependencies. But, believing, as they do, that courtesy requires that her refusal to do us justice should be placed on the ground of inability—an inability resulting from causes which the committee intentionally forbear to enumerate, they content themselves with recommending only such measures as are believed to be indispensable effectually to reach the mischief. And hence, they beg leave to present a bill with suitable provisions for the end designed." Accompanying the report, Mr. B. reported the following bill: "A Bill for the Suppression of Piracy in the West Indies. "Be it enacted, &c. That, for the more effectual suppression of piracies in the West Indies, the President of the United States he, and he is hereby, authorized to cause to be built, in addition to the present naval force of the United States, a number of sloops of war, not exceed ing ten, to carry not less than twenty guns each, of such description and weight of metal as the President may direct, and that the sum of thousand dollars be, Sec. 5. And be it further enacted, That, whenever the commanders and crew of any merchant vessel of the United States shall subdue and capture any piratical vessel or boat from which any assault, or other hostility, shall be first made or attempted, such piratical vessel or boat, with her tackle, appurtenances, ammunition, and lading, (excepting such part as may have been piratically taken, which shall be restored to its owners, subject to salvage as aforesaid,) shall accrue, the one fourth to the owner or owners of such merchant vessel of the United States, and the other three-fourths to the captors; and, being brought into any port of the United States, shall and may be adjudged and condemned to their use after due process and trial in any Court of the United States having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought: and the same Court shall thereupon order a sale and distribution thereof, accordingly, and at their discretion, saving any agreement which shall be between the owner or owners and the commander and crew of such merchant vessel. Sec 6. And be it further enacted, That, after notice of this act at the several Custom Houses, no armed mer chant vessel of the United States shall receive a clearance, or permit, or shall be suffered to depart therefrom, unless the owner or owners, and master or commander, of such vessel for the intended voyage, shall give bond, to the use of the United States, in a sum equal to double JAN. 10, 1825.] Suppression of Piracy.—Imprisonment for Debt. 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 returned within the United States, or otherwise accounted for, and shall not be sold or disposed of in any foreign port or place; and that such owner or owners, and the commander and crew of such merchant vessel shall, in all things, observe and perform such further instructions in the premises as the President of the United shall establish and order for the better Government of the armed merchant vessels of the United States. [Senate. ment, as aforesaid, leaving a widow, or if no widow, a Mr. HAYNE moved that it be referred to a select committee. Sec. 7. And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to establish and order suitable instructions to and for the armed merchant vessels of the United States, for the better governing and restraining of them, and to prevent any outrage, cruelty, or injury, which they might be liable to commit; a copy of which instructions shall be delivered by the Collectors of the Customs to the commander of such vessel, when he shall give bond as aforesaid. And it 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 States, at each return to any port thereof, to make report, upon oath, to the Collector of said port, of any rencounter which shall have Mr. SMITH said, that this request of the President happened with any piratical vessel, and of the state of was with a view to collect all the information necessary the company and crew of any vessel which they shall to be acted on hereafter. He supposed that a committee have subdued, captured, or retaken. And the persons would be appointed in the other House, and, as it was of such crew or company, chargeable with any act or not to be acted on during the present session, he sugacts of piracy, or piratical depredation, shall be deliver-gested the propriety of laying it on the table, to be taked to the Marshal of the same district, for trial, before the en up for disposition at a future day. court of the United States having competent jurisdiction. Sec. 8. And be it further enacted, That five per centum on the nett amount (after deducting all charges and expenditures,) of the prize-money arising from 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 recaptured by the armed merchant vessels of the United States, shall be secured and paid over to the Collector of the Customs at the port or place in the United States at which such captured or recaptured vessels may arrive, to be by said Collectors paid over to the Treasury, as other public money; and the same shall be held, and is hereby pledged, as a fund for the support of the widows and orphans of such persons as may be slain, and for the support and maintenance of such persons as may be wounded and disabled on board the armed merchant vessels aforesaid, in any rencounter or engagement with any piratical vessel or crew, to be assigned and distributed as hereinafter provided. Sec. 9. And be it further enacted, That the Secretary of the Navy be authorized and required to place on the pension list, under like regulations and restrictions as are used in relation to the Navy of the United States, any master, other officer, or seaman, or other person, employed on board the armed merchant vessels of the United States, who shall have been wounded or other wise disabled in any engagement with pirates, allowing to the master or commander a sum not exceeding dollars per month; to mates not exceeding dollars each, per month; and to seamen and other persons employed as aforesaid the sum of dollars per month for the highest rate of disability, and so in proportion; which several pensions shall be paid, by direction of the Secretary of the Navy, out of the fund above provided, and no other. Sec. 10. And be it further enacted, That if any master, mate, or other officer, seaman, or other person, employed or serving on board any armed merchant vessel as aforesaid, shall die by reason of a wound received in the tae of his duty, in any rencounter, pursuit, or engage. VOL. 1.-11. Mr. KELLY thought that, if a joint committee of the two Houses were arranged, it would be more fitting the subject; each House organizing a committee on the subject would be merely obstructing each other. Mr. HAYNE said, that it was a parliamentary rule that one House could not know what the other was acting on, and that each House should act for itself, except in matters of great national importance, when they might invite a joint committee. Yet, he had no objection to the latter course. His object was in substance a joint committee-it was to investigate facts, to ascertain what was doing in the other House, and present the facts to this House. This object would be attained by referring the message to a select committee of this House, an they would not be acting superfluously in collecting and arranging the facts. If the gentleman from Alabama (Mr. KELLY) wished for a joint committee, let it be so; but he thought that the Senate ought to act for itself-it was a peculiar case which would require great attention, and the facts elicited would be very important. Mr. BARBOUR observed, that a subject of this kind was one which would require mature consideration, before it could be acted on. It was obvious, that, at present, some difference of opinion existed, which, at a future period, would, probably, not be the case. He, therefore, to give time for reflection, moved that the message lay on the table, to be taken up hereafter, This motion was agreed to. The bill for abolishing imprisonment for debt was read a third time. Mr. NOBLE observed, that, when the bill was brought forward a few days ago, he moved that it should be printed to enable the Senate to examine the various amendments made to it. He observed then, that one very important feature of the bill was that which required two oaths to be taken before the defendant could be held to bail. When the question was taken on one oath "that he or they have reason to believe that the said defendant or defendants intend to remove from the state or territory, or intend to leave the United States," the vote was equally divided; some gentlemen might say, Sen. & H. of R.] Administration of justice in the Territories. that in consequence of this equal division, it was decided in the affirmative; but, I might say it was decided in the negative. The Senate said Mr. N. is now full; one member of the committee who reported the bill is now present. The gentlemen may now see the importance of the bill, and may not be willing to vote for it as it now stands. I should prefer that it be recommitted with instructions, or that it should be recommitted to the same committee generally. I have drawn up a proposition which, in substance, amounts to this: that the bill be recommitted to the committee with instructions to amend the bill by striking out the words, "and shall further make oath or affirmation that he or they have reason to believe, that the said defendant or defendants intend to remove from the state or territory, or intend to leave the United States." If this should be objected to, he would move, without any instructions at all, that it be referred to the Committee on the Judiciary. [JAN. 10, 1825. HOUSE OF REPRESENTA ¡IVES.—SAME DAY. Mr. TAYLOR, of New York, offered the following resolution: "Resolved, That the Committee on the Judiciary be instructed to examine and report to this House whether any, and, if any, what, urther legislative provision is necessary for the impartial administration of justice in the territorial governments of the United States." In offering this resolution, Mr. T. said, it had become his duty to call the attention of the House to this subject, in consequence of certain communications he had received from one of the Territories, requiring, in bis judgment, the attention of Congress In most of the territories inferior courts of law have been established by their local legislatures. The judges of these courts are appointed for a limited period, unless sooner removed by the Executive authority. In the absence of the Governor, the Secretary of the Territory exercises all the Mr. JOHNSON, of Ky. said that the Senate must be powers and prerogatives of that officer. Generally, he impatient at the tedious process of the investigation of is a member of the bar and a practitioner in the territothis subject. The merits of the question had been ex-rial courts. The Governors are frequently absent from posed in two or three previous sessions. With respect their territories many months in succession. In such to the details of the bill, no committee had ever bestow- case, it has happened, and, unless prohibited by law, ed more attention on any subject, than had been bestow- may again happen, that one of the Attorneys on record, ed on this, by the select committee to whom it was re-in a cause depending in court, appoints the judges to ferred. The honorable gentleman from Indiana, (Mr. try the cause, holds over them the power of removal at NOBLE,) wished to recommit the bill, and strike out a pleasure, and exerts a controling influence in fixing their part which vitally affected its principle. If the majority compensations. The danger of this power, so unfriendwere against the adoption of the measure, then let it be ly to the impartial administration of justice, becomes rejected. If the gentleman could point out any thing more apparent when we consider the influence the actobjectionable in the phraseology, which needed amend-ing Governor is capable of exerting over the jurors.ment, he saw no objection to it. It was needless to enter Those, being freeholders, generally compose the class into the history of this measure. It had been three years of citizens which furnish most of the candidates for the before the Senate, and five before the House of Repre- offices of Sheriff, Justice, Coroner, and for office in the sentatives, in relation to its principles and details. When Militia. In addition, then, to his influence with the it was before the Senate on a former occasion, the part court, arising from the facts above mentioned, it has ofto which the honorable gentleman objected, was attempt ten happened that a portion of the jurors impannelled ed to be struck out. The friends of the measure, said and sworn to try the cause, have stood in relation to one Mr. J. have stated, that the principles of the bill are in- of the Attorneys in the attitude of humble suppliants for volved in that section. I should be better pleased that office. the bill should be finally thrown out, than its principles should be destroyed in this indirect manner. Nothing will be gained by procrastinating the measure; and I hope the recommitment will not take place, either with or without instructions. As it would then stand, those who contend for the principles of the bill would vote The remoteness of the territories from the seat of the against it; for those principles would be utterly destroy. General Government, the imperfect responsibility of ed. He was very sorry, after the opportunities that had officers there to the people, the difficulty of detecting been so repeatedly afforded for the commitment and re- and punishing abuses which may exist, unite in demandcommitment of the bill, and the conceding dispositioning of Congress the removal, so far as may be practicable, he had evinced, that it should still be objected to. He hoped that the final decision would take place, but not by procrastinating it in this way. He had nothing more at stake than any other member, but wished finally to dispose of it. Mr. NOBLE replied, that he had no wish to procrastinate the decision. In its present shape he was entirely opposed to the bill. He had seen enough in the Western Country of stop laws, occupying claimant laws, &c. to satisfy him that it was necessary to have some Court in which the suitor should not be shackled. By this bill, said Mr. N., it is required that a man should take an oath, first, as to the amount of the debt, and afterwards take another that the party is about to leave the state or the United States. Now, he might conscientiously take an oath as to the existence of the debt and its amount; but I ask if a man in one state was to bring an action against one in another state, could he easily swear that his debtor was about to leave the limits of the state? Barriers are thrown in the way to prevent an honest creditor collecting an honest debt. He moved to commit the bill without any instructions. The question was then taken on the commitment of the bill, and carried-Ayes 23-Noes 21. These statements, said Mr. T., are not made in r ference to any particular case of injustice which may have arisen, but the facts upon which they are founded are derived from very respectable authority, and are entitled to consideration. of all temptation to injustice or oppression. The particular danger to which he had alluded, Mr. T. said, might be remedied by a law prohibiting the person exercising the office of Governor from practising as Attorney, Counsellor, or Solicitor, in the Courts of the Territory over which he may preside. This prohibition, it was believed, would furnish ground for no such complaint on the part of the officer whom it might affect. The Secretary of a Territory enjoys a salary from the United States of $1000 a year. Our District Judges, with salaries, many of which are not greater, and for considerations certainly not more important to the public, have been prohibited engaging, before other and independent judges, in the practice of law. At any rate, said Mr. T., the subject is worthy the attention of the appropriate committee. The resolution was agreed to. The following message was received from the Presi dent of the United States, by Mr. EVERETT: To the House of Representatives: I should hasten to communicate to you the documents called for by a resolution of the House of Representatives, of the 4th instant, relating to the conduct of the officers of the Navy of the United States, on the Pacific Ocean, and of the public agents in South America, if such a communication might now be made, consistently with the public interest, or with justice to the parties concerned. In consequence of several charges which have been alleged against Com. Stewart, touching his couduct, while commanding the squadron of the United States, on that sẽa, it has been deemed proper to suspead him from duty, and to subject him to trial on those charges. It appearing, also, that some of those charges have been communicated to the Department by Mr. Prevost, political agent, at this time, of the United States at Peru, and, heretofore, at Buenos Ayres and Chili, and apparently with his sanction, and that charges have like wise been made against him, by citizens of the United States engaged in commerce in that quarter, it has been thought equally just and proper that he should attend here, as well to furnish the evidence in his possession, applicable to the charges exhibited against Commodore Stewart, as to answer such as have been exhibited against himself. In this stage, the publication of these documents might tend to excite prejudices which might operate to the injury of both. It is important that the public servants, in every station, should perform their duties with fidelity. according to the injunctions of the law, and the order of the Executive in the fulfilment thereof. It is peculiarly so that this should be done by the commanders of our squadrons, especially on distant seas, and by political agents, who represent the United States with foreign powers, and for reasons that are obvious in both instances. It is due to their right, and to the character of the Government, that they be not censured without just cause, which cannot be ascertained until, on a view of the charges, they are heard in their defence, and after a thorough and impartial investigation of their conduct. Under these circumstances, it is thought that a communication, at this time, of these documents, would not comport with the public interest, nor with what is due to the parties concerned. Washington, January 10, 1825. JAMES MONROE. [H. of R. ritime jurisdiction:" terms, the precise import of which there is much difficulty in settling. The question arises, how far does this admiralty jurisdiction extend? The difficulty of marking this line with precision, none knew better than the gentleman from Massachusetts himself, who took a very distinguished part in a celebrated case lately argued before the Supreme Court of the United States, and which turned mainly on that question. In another case, where the same question came up, Judge Story devoted seventy-five pages to the discussion of it. It is the opinion of some, and this distinguished jurist is one of the number, that maritime jurisdiction extends over "the high seas," and over the sea as it extends into bays, harbors, rivers, and creeks, and as far as it ebbs and flows. Others say that the common law jurisdiction extends only to the enclosed parts of the sea. If the first of these opinions is the correct one, then, according to the provisions of the present bill, the jurisdiction of the federal courts will spread over all the bays, harbors, and rivers, of the Union, as far as the tide flows. Mr. B. observed that he should not himself undertake to define the precise extent of this so often discussed jurisdiction; but, as the point had been a matter of controversy long before the date of our constitution, it might be argued, with some plausibility, that the clause in the constitution which speaks of piracies and felonies "on the high seas," had been intended to settle the question. It was a controversy which had called forth a vast amount of talent and intelligence; but without pretending to settle it, he conceived that every necessary purpose would be subserved if the bill shall make provision for the punishment of crimes committed without and beyond the jurisdiction of the several 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, &c. which are within the state. The gentleman must well recollect the case where this was settled before the Supreme Court, in relation to the state of Massachusetts. His wish was to avoid all colliding jurisdictions; and, therefore, it was, that he wished the bill modified in the manner he had stated. And he now suggested, with that The message was read, and ordered to lie on the view, that the bill should be made to read as applying table. PENAL LAWS OF THE UNITED STATES. The House then, on motion of Mr. WEBSTER, went into committee of the whole, Mr. CONDICT in the chair, on the bill further to provide for the punishment of crimes against the United States. to offences committed "on the high seas, and beyond the territorial jurisdiction of any of the states;" or any other phraseology which would attain the same object. He believed the language in the former law was out of the jurisdiction of any particular state." He trusted that the honorable member from Massachusetts would not object to such a modification. Mr. P. P. BARBOUR rose for the purpose of suggesing to the honorable chairman of the Committee on the Mr. WEBSTER rose in reply: he said that the memJudiciary, the propriety of a modification of the bill now ber from Virginia had stated with great fairness the dif before the committee-a modification which had re-ficulty which attended this subject; and if he apprehendspect to the principle of the bill, and which, if adopted, ed, with that honorable member, that any disagreeable would run through several of its parts. He highly ap- collision could take place between the federal and state proved of much that the bill contained, and thought that authorities, from the passage of the bill as it stands, he many of the offences it contemplated were worthy of might be perhaps induced to modify it as proposed. He punishment; but the object he wished to attain, in the was well aware that the leading law heretofore existmodification he now suggested, was, that the federal ing on this subject, provided for the punishment of courts should have cognizance of all cases where punish-crimes committed "on the high seas, or in any bay, ment was necessary, and where the state courts have harbor, basin, creek, or river, out of the jurisdiction of no jurisdiction; but that, where the state courts have any particular state;" but he had expressly stated, when jurisdiction, there none should be given to the United he introduced the present bill, that its object was to States. He was fully aware that the subject was one at-carry that act farther, and he would now assign some tended with much and great difficulty. If we looked at the legislative department of the Government, we find that the constitution gives it power to define and punish piracies and felonies, committed on the high seas, and offences against the laws of nations: if we look to the judicial department, we find the constitution giving it jurisdiction over all cases of admiralty and maritime jurisdiction. Confining our attention only to the legislative power of the Government, it would seem to be at once limited to "the high seas;" but, if we go on to the judicial, we find it under the words "admiralty and ma of the reasons which led him to desire it. The power to punish was one for which no government now a-days was much disposed to contend; and the offences committed within the federal jurisdiction were, in most ca ses, directed against the United States, or against those interests which the Government was especially bound to protect. The jurisdiction of the United States was found chiefly where commerce existed, and commerce was an interest which the United States were peculiarly bound to protect-it is an interest regulated by the United States-its revenue is given to the United States; H. of R.] Crimes against the United States. [JAN. 10, 1825. and the bill proposes to give the federal courts jurisdic- were petitioning the mother country for a hundred years, tion over crimes only where they now have jurisdiction (which seems to show that the real grievance was not the over commerce. The crimes most mischievous were trial of those causes without a jury, but by a judge apcrimes against the property of the Government. Now pointed abroad and without our consent.) Mr. W. said the question was, whether the General Government that, not withstanding the objection urged against the shall devolve the whole burden (for it was a burden bill, it would be found that the law now existing has and not a privilege) of punishing crimes against itself, provided for the jurisdiction the bill proposes-that is, on the state governments, because committed within for the punishment of crimes committed within the matheir bounds. In taking this task into their own hands, ritime jurisdiction of the United States, and at the same the Government will only be acting on the principle time within the jurisdiction of the States. The act of which has governed it from its origin-offences against | 1790, if it had stopped at the words "high seas,” would, those rights which are peculiarly committed to its pro- indeed, have excluded such a jurisdiction as that now tection it has always punished in its own courts, such proposed-but it does not stop there: it says, also, as counterfeiting the national coin, forging the national" and in all bays, harbors, creeks," &c. Many things securities, &c. There was nothing to prevent the state go- are directed to be punished in the act of 1790, on the vernment from punishing these offences as well as others high seas, which are neither piracies nor felonies, alwithin their limits; yet the federal government has never though the Constitution, speaking of the judicial power, left it to them. The great objection against leaving the restricts it to piracies and felonies which would infer task of punishing to the state governments is the burden that the Constitution was then held to grant larger of expense: no state government, so far as his knowledge power by the other clause. Several other laws, besides extended, was ever very anxious to take this burden- that of 1790, give express authority for the extent of none were very ambitious of extending their jurisdic- jurisdiction in this bill. Mr. W. here adverted to the tion in this respect. He would now state, so far as his act of May, 1820, in which it is decided that admiunderstanding of it went, how the power of punishing ralty jurisdiction extends as far as the tide ebbs and these crimes came to the General Government. In de- flows. Mr. W. concluded his remarks, (of which fining the power of Congress, the Constitution says, it our Reporter professes to have given but an imperfect shall extend to the defining and punishing of piracies outline, in which he does not expect to have attainand felonies upon the high seas and offences against the ed the complete accuracy desirable in a view of legal law of nations. Whether the Constitution uses the term discussions,) by remarking that, if he perceived any dan"high seas," in its strictly technical sense, or in a sense ger of the collision which some gentlemen seemed to apmore enlarged, is not material. The Constitution prehend, he should be the last to urge any bill that throughout, in distributing legislative power, has refer- would produce it. We might, indeed, get along without ence to its judicial exercise, and so, in distributing judi- the measure now proposed-we might continue to limp cial power, has respect to the legislative. Congress and halt as we have hitherto limped and halted-many may provide by law, for the punishment; but it cannot murders would go unpunished, and much United States' punish. Now it says that the judicial power shall ex- property would be left without any protection from the tend to all cases of maritime jurisdiction; and it has United States. If we went into any harbor of the country, lately been argued that, as soon as a judicial system is we should see less of the state authority than was proorganized, it had maritime jurisdiction at once, by the posed to be left untouched by this bill. The commerce Constitution, without any law to that effect-but I do there is all regulated by United States' laws-the masnot agree to this doctrine-and I am very sure that such ters, the mariners, the pilots, are all under regulations has not been the practice of our Government from its of the United States-and he thought that the crimes origin in 1789 till now. The Constitution defines what committed there would also be most properly punished shall be the objects of judicial power, and it establishes by the United States, if its jurisdiction may lawfully be only a Supreme Court-but in the subordinate Courts extended to them. the jurisdiction they shall exercise must be defined by Congress; 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 cannot be exercised till Congress establishes the Courts by which it is to be so exercised. And I hold there is still a residuum of judicial power, which has been granted by the Constitution, and is not yet exercised, viz: for the punishment of crimes committed within the admiralty jurisdiction of the United States' Courts, and yet not without the jurisdiction of the particular states. So the Constitution says that the Federal Courts shall have jurisdiction of all civil cases between citizens of different states, and yet the law restricts this jurisdiction in many respects as to the amount sued for, &c. There is a mass of power entrusted to Congress; but Congress has not granted it all to specific courts, and therefore the Courts do not exercise it. The Constitution gives to Congress Legislative power in all cases of admiralty jurisdiction, from whence has occurred one of the most extraordinary of all circumstances that causes of revenue have become cases of admiralty jurisdiction. The cause of this seems to be, that, under the colonies, these causes were tried by a Judge of the Crown; in England they are not held to be cases of admiralty jurisdiction; but are tried by Juries in the Court of Exchequer. The act of 1790 gives to the District Court of the United States original cognizance of all cases of admiralty jurisdiction, including cases of seizure; hence that very state of things has happened, against which, when we were colonies, we Mr. BARBOUR observed, that the difficulty be had first stated, still remained, which was, the local extent of maritime jurisdiction. He knew that there was a distinction between the civil and criminal jurisdiction in this respect. In the former, the question of locality did not come up for inquiry; but in the latter, it was material. The question of its limits had called forth illustrious talents, but was still undetermined. Where 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 ascend rivers with " the ebbing and flowing of the tide ?" This, said Mr. B. is the difficulty. I wish to avoid it by limiting the bill to places without the state jurisdictions. He did not think it was a fair presumption that the State Governments would neglect their duty. The proper and natural presumption was, that they would do it on the water as much as on the land. He would, however, make, at present, no distinct motion. Indeed, no one motion would accomplish his object. He would only present to the honorable chairman of the Judiciary Committee the suggestion, which, if adopted, would require a number of distinct amendments to the bill Mr. WEBSTER observed that it would be best in the meanwhile to proceed with the details of the bill. The remaining sections were accordingly read in succession. Mr. WEBSTER explained the particular objects of several of them, and suggested several slight amendments, which were adopted-when the committee rose, and reported the bill as amended. |