United States. The Chronicle. the subscriber's design. Gentlemen residing on, or near, the bank of James' river, and its principal PHILADELPHIA, March 10.-The democratic branches, might conveniently send such objects, to members of the Pennsylvania legislature, on Sa- be deposited with Mr. Pleasants. From the conturday evening, formed a ticket for electors of pre-sciousness of promoting a plan, which may eventu sident and vice-president of the United States. The ally benefit society, such gentlemen would derive a most perfect cordiality and unanimity pervaded the reward worthy of good hearts, and expanded minds. meeting. They resolved, without a dissenting To expatiate on the advantages of natural knowvoice, that James Madison be supported as presi ledge, were an insult on the understanding of those dent, and George Clinton as vice-president of the to whom the present appeal is made. Nor is it necessary to oher specific queries: much ess to Our late London papers, (says the United States describe the method of taking up, and safely conGazette,) are almost literally filled with accounts veying plants, &c. Suffice it to be observed that of nightly robberies, thefts, and murders, which ap-all civilized countries, and, in particular, some of pear to have increased to such a degree, not only our sister states have warmly patronized similar in the metropolis, but also in the provincial towns, pursuits; and that botanic collections now emiand even in the country, as to excite a universal nently splendid, and extensively useful, have for the alarm. Writers for the journals are occupied in most part, originated in the humble, but zealous discussing the best means of improving the police, and persevering efforts of individuals. By estaband the courts of criminal jurisdiction are filled lishing with botanists of his acquaintance in the United States, the West Indies, and Europe, the Carlisle, February 12. beneficial system of exchange, the subscriber Professor Cooper-We state with great regret a hopes that, if obligingly aided, he will, in a few most calamitous accident which occurred yesterday years, be able to exhibit, at least, the rudiments of at the college to this eminent chemist and mineralo-a botanic garden. At the same time, he will progist. He had been heating a solution of Bismuth secute, with other objects of immediate utility, the in aqua regia and nitrous filmes had collected in the completion of his long intended natural history of upper part of the vial. When attempting to take Virginia. L. H. GIRARDIN. the cork out which was tighter than expected, to Richmond, February 17, 1812. let them off, the contents exploded with great noise. The professor was instantly struck blind and conJohn Johnson, esquire, late Indian agent at tinued in the greatest anguish for many hours, al-Fort Wayne, has furnished the governor with a list though he had immediately the best surgical aid- of the number of Indians of every description withgreat appprehensions were at first entertained that in the state of Ohio-which he states to be correct, he had lost his sight. We understand this morning, viz. his sight will be regained. with the accused. 550 Ottoways, 230 Senecas. 200 Munceys and Delawares, 700 Shawanoese, A statement of the military stores belonging to the state of New-York has been published-the total brass ordnance, mounted on fiving and field car riages is 149 pieces, all complete for service; 94 of 2,000 Total. (Ohio Messenger. which are distributed among the several volunteer Governor Meigs has received from the secretary artillery companies. There are also 14 pieces iron at war commissions of officers for 2 companies of ordnance, mounted on new constructed carriages, Rangers-to be raised and paid by the United States for Park use, brass mortars, and one pair brass-they are designed to watch the movements of the one pounders; and 81 pieces of heavy cannon for Indians on our frontiers and protect the outer settlegarrison use, 56 of which are mounted at Fort ments. Richmond, at the Narrows, with powder, balls, &c. in abundance. In the different arsenals are preserved 11,327 stands of arms, 7,580 equipments, and 378,000 cartridges. The quantity of arms in the hands of the militia is not mentioned. To every friend of useful knowledge throughout the state of Virginia. HOUSE OF REPRESENTATIVES. Thursday, March 12.-The business transacted to-day was mostly local and uninteresting. Mr. Harper submitted a resolution for enquiring into the state of the public printing, and report the necessary regulations for its government in future; adopted. Mr. Hall (of Geo.) called for the consideration of his resolution, relative to permitting the direct tax to be paid by articles of domestic manufacture, for the use of the army and navy of the United States, lost, 29 for it. The subscriber has, for several years, devoted his leisure hours to the collection of materials for a Natural History of Virginia. Labour of a pleasing nature, is now more than ever necessary to his mind; and henceforth, he will prosecute, with more activity and regularity than his late sphere of duty The bill for forming the people of the Mississipallowed, his researches on so interesting a subject.pi territory into a state-occupied the remainder of With this object in view, he solicits auxilary infor- the day, when the committee rose, reported promation from the enlightened and the liberal through-gress, &c. out the state.-Communications (post paid) respect ing any part of the Zoology, Botany, Mineralogy, The contents of the present number will be Geology, Meteorology, &c. of Virginia, directed to found uncommonly interesting and importaat. him, or for him to Mr. Samuel Pleasants, in Rich- The editor thanks many of his friends for rememmond, shall be received with respect and gratitude. [bering that the laborer is worthy his hire Natural curiosities of any sort, specimens of rare or Mr. Abraham C. Shelton has kindly undertaken to valuable productions, young plants, seeds of trees, act as the agent of this work at Chalk Level, [Va] shrubs and herbs, deemed either ornamental orjand its neighborhood. He is authorised to receive useful, would also, if transmitted free from all ex-what is due, and will transmit the same to the editor pences greatly conduce to the accomplishment of The title and index accompanies this number, VOL. II.J BALTIMORE, SATURDAY, MARCH 21. No. 29, Hæc olim meminisse juvabit.—VIRGIL. Printed and published by H. NILES, Water-street, near the Merchants' Coffee-House, at $5. per annum. Legislature of Kentucky, Jan. 10. With these sentiments, your committee leave the REPORT OF THE COMMITTEE OF RELIGION. The committee of Religion to whom was referred the petitions of sundry persons respecting the people called Shakers, have according to order, had the subjects of the same under consideration --and beg leave to report- Without regard to religious persuasions, sects or iaith, of any particular denomination whatever, your committee recommend to the consideration and adoption of the house, the following resolutions-1st. Resolved, that an open renunciation of the marriage vow and contract and total abstinence from sexual and connubial intercourse, agreeably to the intentions and objects of matrimony, ought to be provided against by law. Shakers, and all other sects to pursue uninterrupt ed, the distates of their own consciences-leaving their religious creed to the approbation or disappro bation of themselves, and their God. Case of the schooner Exchange. From the National Intelligencer. This interesting cause was argued last week, in the supreme court of the United States, now in session, by Mr. Dallas, attor ney of the United States for the district of Pennsylvania, and Mr. Pinkney, attorney-general of the United States, upon one side, and by Mr. Hare of Philadelphia, and Mr. Harper of Baltimore, upon M Fadon and William Greetham, of the state of Maryland, fled the other. The case was this-on the 24th of August last John their libel in the district court of the United States, for the distret of Pennsylvania, against the schooner Exchange, setting forth that they were the sole owners, on the 27th of October 1809, when she sailed from Baltimore, bound to St. Sebastians in Spain. That while lawfully, and peaceably pursuing her voyage, she was on the 30th of Decor 1810, violently and forcibly taken by certain per sons, acting under the decrees and orders of Napoleon, emperor of the French, out of the custody of the libellants, and their captain and agent, and was disposed of by those persons, or some of thesp, in violation of the rights of the libellants, and of the laws of na3d Resolved, that provision ought to be made by tious in that behalf. That she had been brought into the port of law, for the competent support of children, out of Philadelphia and was then in the jurisdiction of that court, in pottheir father's estate, where they shall be by such ther abandoned under like circumstances. 24 Resolved, that provision ought to be made by law, or the competent support of the wife out of the husband's estate, when abandoned by him under such circumstances. fa-session or a certain Denis M. Begon, her reputed captain or mas ter. That no sentence or decree of condemnation had been pronounced against her, by any court of competent jurisdiction ; but that the property of the illauts in her remained unchanged and in full force. They therefore prayed the usual process of the court to attach the vessel and that she might be restored to them. 4th Resolved, That guardians ought to be ap pointed to the children of husbands so abandoning their wives, who should have the care of the persons and estates of such children. Upon this bel the usual process was issued returnable on the 30th of August 1811, which was executed and returned accordings ly, but no person appeared to claim the vessel in opposition to the libellauts. On the oth of September the usual proclanintion was made for all persons to appear and show cause why the said vessel should not be restored to her former owners, but no person ap On the 13th of September, a like proclamation was made, but no 5th Resolved, That when a wife is so abandoned she ought by law to be permitted to acquire and hold property as a feme sole-as as well as to have reason-pard. able parental control over her children, by the hus band so renouncing the marriage contract-And when prayed for, she should have divorce granted, without its benefits being extended to the husband so abandoning her. appearance was entered. On the 20th of September, Mr. Dallas, the sttorney of the U, States, for the district of Pennsylvania, appeared, and (at the instance of the executive department of the government of the Unit ed States, as it is understood) filed a suggestion, to the following effect: Protesting that he does not know, and does not admit the trath of the allegations contained in the libel, he suggests and gives the court to understand and be informed, That inasmuch as there exists between the United States of Ame In adopting the foregoing resolutions your committee are not unmindful that religious tenets, are not the subjects of legislative or judicial interference. They entertain too high respect for their country, rica and Napoleon, emperor of the French and king of Italy, &c. this legislative body, and themselves to recommend &c. a state of peace and anity; the public vessels of his said inperial and royal majesty, conforming to the laws of nations, and any measure contravening these golden provisions laws of the said United States, may freely enter the ports and har of our constitution, which declare That all bors of the said United States, and at pleasure depart therefrom without seizure, arrest, detention or molestation. That a certain men have a natural and indefeasible right, to wor-public vessel described and known as the Balaou, or ve sel, No. 5, ship Almighty God, according to the dictates of their belonging to his said imperial and royal majesty, and actually ef own consciences-that no human authority ought, in any case whatever, to controul or interfere with the right of conscience. and ployed in his service under the command of the Sicur Begon, upon a voyage from Europe to the Indies, having encountered great stress of weather upon the high seas, was compelled to enter the port of Philadelphia, for refreshment and repairs, about the 22d of July 1811. That having entered the said port from necessity and Your committee can but regret,that in all ages not voluntarily having procured the requisite refreshments and countries, individuals have been found, too ready repaus, and having conformed in all things to the law of nations, to condemn all other sects and persuasions, save said port of Philadelphia, and to resume her voyage in the service and the laws of the United States, was about to depart from the that adopted by themselves, should they have adopt-of his said imperial and royal majesty, when on the 24th of August ed any. 1811, she was seized, arrested and detained in pursuance of the These unfortunate individuals, wanting the be process of attachment issued upon the prayer of the libellcats. That the said public vessel has not, at any time, been violently aign influence of christianity, become odious them- and forcibly taken or captured from the libellants, their captain and agent on the high seas as prize of war, or otherwise; but that selves, by that inteference which prompts their - if the said public vessel, belonging to his said imperial and royal ertions to bring odium on others. It is the good for- majesty as aforesaid, ever was a vessel navigating under the flag of tune of the real christian, that in our enlightened the United States, and possessed by the libellants, citizens thereof, as in their libel is alledged (which nevertheless the said attorney day, this intolerance recoils back on the intolerant does not admit) the property of the libellants, in the said vessel -and thus while working their own destruction, was seized and divested, and the same became vested in his impe they make the rays of christianity shine but the rial and royal majesty, within a port of his empire, or of a country occupied by his arms, out of the jurisdiction of the United States, brighter. and of any particulas state of the United States, according to the decrees and laws of France, in such case provided. And the said the exercise of a part of that complete exclusive territorial jurise attorney submitting, whether, in consideration of the premises, diction which has been stated to be the attribute of every nation. the court will take cognizance of the case, respectfully prays] 1st. One of these is admitted to be the exemption or the person of that the court will be please to order and decree that the process the sovereign from arrest or detention within a foreign territory. of attachment, heretofore issued, be quaslied; that the libel be Whe enters that territory with th knowledg, and licence of its dismissed with costs; and that he said public vessel, tackle, sovereign, that licence, although containing no stipulation cxcmpt&c. belonging to his imperial and royal majesty be released, &e.ing his person from arrest, is universally understood to imply such And the said attorney brings here into court the original commisstipulation. on of the said Star Begon, &c. Why has the whole civilized world concurred in this construe tion? The answer cannot be mistaken. A foreign sovereign is not understood as intending to subjet himself to a jurisdiction incompatible with his dignity and the dignity of his nation, and it is to avoid this subjection that the licence has been obtained. The cha racter to whom it is given, and the object for which it is granted, equally require that it should be construed, to import fall secrrity to the person who has obtained it. This security, however, need On the 27th of September 1811, the libellants filed their answer to the suggestion of the district attorney, to which they except, because it does not appear to be made for or on behal, or at the instance of the United States, or any other body politic or person. They aver that the schooner is not a public vessel belonging to bis ia porial and royal majesty, but is the private property of the bellants. They deny that she was compelled by stress of weather to enter the port of Pinladelphia, or that she came otherwise tuannot be expressed; it is implied from the circumstances of the ease. voluntarily; and that the property of the libellauts in the vessel Should one sovereign enter the territory of another without the never was divested, or vested in his imperial and royal majesty with consent of that other, expressed or implied, it would present a ques in a port of his empire or of a country occupied by his arms. tion which does not appear to be perfectly settled, a decision of which The district attorney produced the affidavits of the Sieur Begon is not necessary to any conclusion to which the court may come in and the French consul verit; ing the commission of the captain, and the cause under consideration. If he did not thereby expose his lf stating the fact, that the public vessels of the emperor of France to the territorial jurisdiction of the sovereign whose dominions he had never carry with them any other document or evidence that they entered, it would seem to be b. cause impliedly all sovereigns imbelong to him, than his flag, the commission, and the possession ofplicitly engage not to avail themselves of a power over their equals his officers. which a romantic confidence in their magnanimity has placed in In the commission it was stated that the vessel was armed at their hands. Bayenne. 2d. A second case, standing on the same principles with the first On the 4th of October 1811, the district indige dismissed the libel is the immunity which all civilized nations allow to foreign manwith costs, upon the ground that the public armed vessel of a fo-isters. reign sovereign, in audity with our government is not subject to the ordinary judicial tribunals of the country, so far as regards the question of the title by which such sovereign claims to hold the vessel. From this sentence the libellants appealed to the circuit court, where it was reversed, on the 28th of October, 1811. From this sentence of reversal the district atto. May appealed to the supreme court of the United States, where the use was fully and ably argued. Whatever may be the principle on which this immunity is estab lished, whether we consider him as in the place of the sovereigă he represents, or by a political fiction suppose him to be extra-ter ritorial, and, therefore, in point of law, not within the jurisdiction of the sovereign at whose court he resides; still the immunity itself is granted by the governing power of the nation to which the minister is deputed. This fiction of ex-territorialityfeould not be erects fed and supported against the will of the sovereign of the territory. He is supposed to assent to it. The consent is not expressed. It is true that in some countries On the ad of March 1812, the opinion of the court, (all the judges being present) was delivered as follows: by MARSHALL, chiet jus.and in this among others, a special law is enacted for the case. 1, THE SCHOONER EXCHANGE, 23. John M Fadon and William Greetham. This case involves the very delicate and important inquiry, whether an American citizen can assert in an American court al title to an armed national vessel, found within the waters of the United States. The question has been considered with an earnest solicitude, that the decision may conform to those principles of the national and municipal law by which it ought to be regulated. the law obviously proceeds on the idea of prescribing the punishe ment of an act previously unlawful, not of granting to a foreign minister a privilege which he would not otherwise possess. The assent of the sovereigns to the very important and extensive exemptions from territorial jurisdiction which are admitted to attach to foreign ministers, is implied from the considerations that, without such exemption, every sovereign would hazard bis own dignity by employing a public minister abroad. His minister would owe temporary and local allegiance to a foreign prince, and would be less competent to the object of his mission. A sovereign comIn exploring an unbeaten path, with few, if any, aids from pre-mitting the interest of his uation with a foreign power to the care cedents or written law, the court has found it necessary to rely of a person whom he has elected for that purpose, cannot intend to much on general principles, and on a train of reasoning form-subject his minister in any degree to that power, and, therefore, ded on cases in some degree analogous to this. a consent to receive him, implies a consent that he shall pos$$ The jurisdiction of courts is a branch of that which is possessed those privileges which his principal intended he should retain-pri by the nation as an independent sovereign power. vileges which are essential to the dignity of his sovereign, and to the The jurisdiction of the nation within its own territory is ne-duties he is bound to perform cessarily eclusive and absolute. It is susceptible of no limitation In what cases a minister, by infracting the laws of the country in not imposed by itself. Any restriction upon it, deriving validity which he resides, inay subject himself to other punishment than will from an external source, would imply a diminution of its sove-be inflicted by his own sovereign, is an inquiry foreign to the prereignty to the extent of the restriction, and an investment of that sent purpose. If his crimes be such as to render him amenable to sovereignty to the same extent in that power which could impose the local jurisdiction, it must be because they forfeit the privileges annexed so his character; and the mister, by violating the com ditions under which he was received as the representative of a foreign sovereign, has surrendered the immunities granted on those conditions; or, according to the true meaning of the original assent, has ceased to be entitled to them. such restriction. All exceptions, therefore, to the full and complete power of a mation within its own territories, must be traced up to the consent of the nation itself. They can flow from no other legitimate This consent may be either express or implied. In the latter case, it is less determinate, exposed more to the uncertainties of construction; but, if understood, not less obligatory. 3d. A third case in which a sovereign is understood to code a portion of his territorial jurisdiction is, when he allows the troops of a foreign prince to pass through his dominions. The world being composed of distinct sovereignties, possessing In such case, without any express declaration waving jurisdiction equal rights and equal independence, whose mutual benent is pro over the army to which this right of passage has been granted, the moted by intercourse with each other, and by an interchange of sovereign who should attempt to exercise it would certainly be con those good antees which humanity dictates and its wants require, sidered as violating his faith. By exercising it, the purpose for all sovereigas have consented to a relaxation in practice, in cases which the free passage was granted would be defeated, and a por under certain peculiar circumstances, of that absolute and com- tion of the military force of a foreign independent nation would be plete jurisdiction within their respective territories which sove-diverted from those national objects and duties to which it was ap reignty confers. This consent may in some instances be tested by common usage and by common opinion, growing out of that usge. plicable, and would be withdrawn from the control of the sovereign whose power and whose safety might greatly depend on retaining the exclusive command and disposition of this force. The grant A nation would justly de considered a violating its faith, al- of a free passage therefore implies a waving of all jurisdiction over though that faith night not be expressly pligured, which should the troops during their passage, and permits the foreign general to suddenly and without previous notice, exercise its teritorini pow-use that discipline and to inflict those punishments which the gov ers in a manner not consonant to the usages and received obligations crament of his army may require. of the civilized world. One sovereign Butif, without such express permit, an army should be led through This full and absolute territorial jurisdiction being alike the attri- the territories of a foreign prince, might the jurisdiction of the bute of every sovereign, and being incapable of conferring extra territory be rightfully exercised over the individuals composing this territorial power, would not seem to contemplate foreiga sover-army? eigns nor their sovereign rights as its objects. Without doubt, a military force can never gain inuunities of any being in no respect amenable to another; and being bound by obli- other description than those which war gives, by entering a forcigu gations of the highest character not to degrade the dignity of his territory against the will of its sovereign. But if his consent, a sation by placing himself or its sovereign rights within the juric-stead of being expressed by a particular license, be expressed by a diction of another, can be supposed to enter a foreign territory only general declaration that foreign troops may pass thro'a specified under an express hecnice, or in the confidence that the immunities tract of country, a distinction between such general permit and a belonging to his independent sovereign station, though not express-particular license is not precived. It would seem reasonable that ly stipulated, are reserved by implication, and will extended to every immunity which would be conferred by a special licence, would be in like manner conferred by such general permit. This perfect equality and absolute independence of sovereigns, We have seen that a licence to pass through a territory implies and this common interest impelling them to mutual intercourse, and immunities not expressed, and it is material to enquire why the li an interchange of good offices with each other, have given risecence itself may not be presumed? to a class of cases in which every suvereign is understood to ware bim. It is obvious that the passage of an army through a foreign territory drawn between the rights accorded to private individuals or private trading vessels, and those accorded to public armed ships which constitute a part of the military force of the nation. Fill probably be at all times inconvenient and injurious, and would oft- To the court it appears that where, without treaty. the ports of a en be imminently dangerous to the sovereign through whose domin-nation are open to die private and publie ships of a triendly power ions it passed. Such a practice would break down some of the inost de- whose subjects have also liberty without spy vial liecuce to hûr the cisive distinctions between peace and war, and would reduce a no-country for business or amusement, a dear distinction is to be tion to the necessity of resisting by war an act not absolutely hostile in its character, or of exposing itself to the stratagenis and frauds of a power whose integrity might be doubted, and who might enter the country under d. ceitful pretexts. It is for reasons like these that the The preceding reso.ing mas maintained the propositions that all general licence to foreigners to enter the dominions of a frie..d exemptions from territorial jurisdiction must be derived from the By power, is never understood to extend to a military force; and consent of the sovereign of the territory; that this consent may be an army marching into the dominions of another soverciga, may implied or expressed; and that when jiphed its extent must be res justly be considered as committing an act of hostility; and, if not gulated by the nature of the case and the vicks under which the opposed by force, acquires no privilege by its irregular and in-partis requiing and conceding it must be supposed to act. proper conduct. It may well however be questioned whether any When private individuals of one nation spread thetas elves through other than die sovereign power of the state be capable of deciding another as business or enprice may direct, mingling houscriminates that such military commander is without a licence. iy with the inhabitants of that other; or when marchant vessels ens But the rule which is applicable to armies, does not appear to be ter for the purpose of trade, it would be obviously inconvenient and equally applicable to ships of war entering the ports of a friendly dangerous to Sociccy, and would subject the laws to continual inpower. The injury inseparable from the march of an army thro fraction, and the government to degradation, if such individuals or an inhabited country, and the dangers often, indeed generally, at-merchants did not owe temporary or local allegiance, and were not tending it, do not ensue from admitting a ship of war, without special amenable to the jurisdiction of the country. Nor can the fordin licence, into a friendly port. A different rule therefore with res-sovereign have any motive for wishing such exeraption. His sub peet to this species of Military force has been generally adopted.-|jects thus passing into foreign countries are not employed by him, If, for reasons of state, the ports of a nation generally, or any parti- nor are they engaged in national purseits. Consequently there tiendar ports be eloped against vessels of war generally, or the ves-are powerful motives for not exempting persons of this descrip sels of any particular nation, notice is usually given of such deter-tion from the jurisdiction of the country in which they are found, mination. If there be no prolubition, the ports of a friendly na- and no one motive for requiring it. The implied licence there tion are considered as open to the public ships of all powers with fore under which they enter can never be construed to grant such whom it is at peace, and they are supposed to enter such ports and exemption. to remain in them while allowed to remain, under the protection of the government of the place. In almost every instance, the treaties between civilized nations contain a stipulation to this effect in favor of vessels driven in by stress of weather or other urgent necessities. In such cases the sovereign is bound by compact to authorise foreign vessels to enter his ports. The treaty lands bim to allow vessels in distress to find a refuge and asylum in his ports, and this is a licence which he is not at liberty to retract. It would be difficult to assign a reason for withholding from a licence thus granted, any immunity from local jurisdiction which would be implied in a special licence But in all respects different is the situation of a public armed ship. She constitutes a part of the tallitary force of her ation. Acts under the immediate and direct command of the sovereiga.Is employed by him in national objects. He has many and powerful moves for preventing those objects from being detented by the interference of a foreign state. Such interference cannot take place without effecting his power and bis diguity. The implied Econce therefore under which such vessel enters a friendly port, may reasonably be construed, and it seems to the court ought to be construed, as containing an exemption fro a the jurisdiction of the Sovereign within whose teritory she claims the rites of hospitality. If there be no treaty applicable to the case, and the sovereign, Upon these principles, by the unanizous consent of nations, a From motives deemed adequate by himself, permits his ports to re- foreigner is amenable to the laws of the place; but certainly in main open to the public ships of foreign friendly powers, the con-practice, nations have not yet asserted their jurisdiction over the clusion seems in resistable that they enter by his assent. And if they public armed ships of a foreign sovereign entering a port open for enter by his assent necessarily implied, no just reason is perceived their reception. by the court for distinguishing this case from that of vessels which 'enter by express assent. Bynkershoek, a jurist of great reputation, has iadeed maintained that the property of a foreign sovereign is not distinguishable by any In all the cases of exemption which have been reviewed, much legal exemption from the property of an ordinary individual, and has been implied, but the obligation of what was implied has been has quoted several cases in winch courts have everej u d juristiction found equal to the obligation of that which was expressed. Are over causes in which a foreign sovereign was made a party defen these reasons for denying the application of this principle to ships dant. 'of war? Without indicating any opinion on this question, it may be saf In this part of the subject a difflculty is to be encountered, the se-ly be affirmed, that there is a manifest distinction between the pri riousness of which is acknowledged but which the court will not at-vat: property of the person who happens to be a prince, and that tempt to escape. military force which supports the sovereign power, atri maintains Those treaties which provide for the admission and safe departure the dignity and the independence of a nation. A prince, by acof public vessels entering a port from stress of weather or other urquiring private property in a foreign country, may possibly be cons gent cause, provide in like manner for the private vessels of the sidered as subjecting that property to the territorial jurisdiction; nation; and where public vessels enter a port under the general he may be considered as so far lying down the prince and assuming Licence which is implied merely from the absence of a prohibition, the character of a private individual; but this he cannot be prethey are, it may be urged, in tlie same condition with merchant ves-sumed to do with respect to any portion of that armed force which sels entering the same port for the purposes of trade who cannot upholds his crown, and the nation he is entrusted to gov cu thereby claim any exemption from the jurisdiction of the coun- The only applicable case cited by Bynkershock is that of the 'try. It may be contended, certainly with much plausibility if Spanish ships of war seized in Flushing for a debt due from the not correctness, that the same rule and same principle is applicable King of Spain. In that case, the states general interposed; and to public and private ships; and since it is admitted that private there is reason to believe, from the manner in which the transaction ships entering without special licence become subject to the local stated; that, either by the interference of government, or the jurisdiction, it is demanded on what authority an exception is made decision of the court, the vessels were released. This case of the Spanish vessels is, it is believed, the only case in favor of ships of war? It is by no means conceded that a private vessel really availing furnished by the history of the world, of an attempt made by an inherself of an asylum provided by treaty, and not attemping to trade dividual to assert a claim against a foreign prince by seizing the would become amenable to the local jurisdiction unless she com-armed vessel of the nation. That this proceding was once arrestmitted some act forfeiting the protection she claims under com-ed by the government, in a nation which appear to liave asserted pact. On the contrary, motives may be assigned for stipulating the power of proceeding in the same manner against the private and according inmunities to vessels in cases of distress, which property of the prince, would seem a feeble argument in support of would not be demanded for or allowed to those which enter volun- the universality of the opinion in favor of the exemption clained for tarily and for ordinary purposes. On this part of the subject, ships of war. The distinction made in our own laws between pubhowever, the court does not mean to indicate any opinion. The lic and private ships would appeer to proceed from the same opinion. ease itself may possibly occur, and ought not to be prejudged. It seems then to the court to be à principle of public law that this. Without deciding how far such stipulations in favor of distressed national ships of war, entering te port of a friendly power op a Vessels as are usual in treaties, may exempt private ships from the for their reception, are to be considered as exempted by the conscat jurisdiction of the place, it may safely be asserted that the whole of that power from its jurisdiction. seasoning upon which such exemption has been implied on other Without doubt, the sover sign of the place is capable of destroycases, applies with full force to the exemption of ships of war in ing this implication. He may claim and exercise jurisdiction either by employing force or by subjecting such vessels to the ordinary "It is impossible to conceive," says Vattel," that a Prince who tribunal. But until such power be exerted in a manner not to sends an ambassador or any other minister can have any intention be misunderstood, the sovereign cannot be considered as having im of subjecting him to the authority of a foreign power; and this parted to the ordinary tribunals a juridiction, which it would bea consideration furnishes an additional argument which completely breach of faith to exercise. Those general statutory provisions establishes the independency of a publie nuinister. If it cannot be therefore which are descriptive of the ordmary jurisdiction of the reasonably presumed that his sovereign nouns to subject him to judicial tribals, which give an individual whose property has the authority of the prince to whom he is sent, the latter, in reien wrested from him a right to claim that property in the court ceiving the minister, consents to adinit him on the footing of in- of the country in which it is found, ought not, in the opinion of dependency; and thus there exists between the princes a tacit this court, to be so construed as to give them jurisdiction in a esse in Convention which gives a new force to the natural obligation." which the sovereign power has impliedly consented to wave its jitEqually impossible is it to conceive, whatever may be the con- risdiction struction as to private ships, that a prince who stipulates a passage The arguments in favor of this opinion which have been drewn for his troops or an asylum for his ships of war in distress, should from the general inability of the judicial power to enforce its deg mean to subject his army or his navy to the jurisdiction of a fo.sions in cases of this desciption, from the consideration, that tie reign sovereign. And if this cannot be presumed, the sovereign of the sovereign power of the nation is alone competent to avenge wrongs port must be considered as having conceded the privilege to the committed by a sovereign, that the questions to which such wrongs extent in which it must have been understood to be asked. give birth are rather questions of policy than of law, that they are diplomatic rather than legal discussions, are of great weight and[ merit serious attention. But the argument has already been drawn to a length which forbids a particular examination of these points. The principles which liave been stated will now be applied to the case at bar. Note.-Harness and other equipage which are perishable articles and such as may be produced when occasion requires, are omitted in this estimate. C. petent to supply 50,000 men one year. DOLLARS. In the present state of the evidence and proceedings the Exchange Estimate for camp equipage and other quarter master's stores, com must be considered as a vessel which was the property of the libel10,000 Common tents (at the present price of lants, whose chim is repelled by the fact that she is now a national vessei commissioned by, and in the service of, the emperor of Franec. The evidence of this fact is not controverted. But it duck,) a 15 dollars each, is contended that it constitutes no bar to an enquiry into the vali ed by an act the validity of which is recognized by national and If the preceding reasoning be correct, the Exchange, being a public armed ship in the service of a foreign sovereign with whom 150,000 30.000 50,000 12,500 20,000 50.000 Cartouch boxes and belts, a 150 cts. each 45,000 50,000 Bayonet scabbards and belts, a 100 ets. each 50,000 Dollars, 6,500 394,500 Note-Waggons, also harness which is a perishable article, being the government of the United States is at peace, and having eater-such as can be readily supplied if found necessary, are not included ed an American port open for her reception on the terms on which in this estimate. ships of war are generally permitted to enter the ports of a friendly power, must be considered as having come into the American ter ritory under an implied promise that while necessarily within it. Accompanying a bill making appropriations for the support of the and demencing herself in a friendly manner, she should be exempt from the jurisdiction of the country. If this opinion be correct, there seems to be a necessity for admitting that the fact might be disclosed to the court by the sug gestion of the attorney for the United States. I am directed to deliver it, as the opinion of the court, that the sen tence of the circuit court reversing the sentence of the district court the case of the Exchange be reversed, and that of the district court dismissing the libel be affirmed. Documents From the War Department, accompanying the bill providing ordnance and other military stores. I am directed by the committee of ways and means to request of you a statement, explanatory of the nature and object of the mihtis War Department, Dec. 9, 1811. Sir,-In answer to your letter of the 28th November, requesting a service for defraying the expences of which an appropriation is reIt does not appear from your estimate of the appropriation, re"statement of the caimon and smell arms, and of the munitions of quired as above. commended from the Seneen tribe of Indians, whether, it is prowar, generally, now on hand-and whether any, and, if any, to what extent, further purchases should be made, under the present aspect of a fairs, and the amount of the appropriations necessary;" I have posed that the sum asked for on that account should be paid to to transmit berewith a summary (narked A.) of the most impor- then as a gratuity, or whether as an advance to be paid to the U. tant articles in the ordnance department, now, on hand, as taken States hereafter, or retained out of any future dividends which may States by that tribe. Such an explanation of the views of the de from the returns of the superintendant of military stores, dated 1st be expected on account of their stock in the late bank of the U. The attacture of cannon and shot is progressing at the estabpartment and the nature and operations of the proposed appro I have the honor to be, very respectfully, your obedient servant. E. BACON. lished foundaries in the U. States, increasing the supply on hand, priation, as may be within your power to give, is respectfully solicited. and admitting of any extension which circumstances may require. A reference to the explanatory note on the summary (marked A.) will show that great deductions must be made from the num Hon. Wm. Eustis, Secretary at War. The number in! ber of stands of arms reported" fit for service." store, fit for immediate use, may, however, be safely relied on as competent to supply any number of our troops that will be brought into the field. November, 1811. The public armories at Springfield, (Massachusetts) and at Harper's Ferry, (Virginia) furnish annually 20,000 stands. Those delivered on private contract, amodated, in the year ending the 30th September, 1811, to 11,801. From these sources, which may be extended as circumstances may require, a supply of arms of increasing superiority in fabric. competent to meet the emergencies of war, however protracted, may with certainty be relied on. The estimate for ordnance and ordnance stores (narked B.) shews the quantity of such articles in that department as are" under the present aspect of affairs," deemed expedient to be procured in addition to those now on haud. The estimate for camp equipage and other quarter master's stors (marked C.) embraces a competent supply for 50,000 men for War Department, Jan. 19, 1912. Sir-In answer to your letter of the 13th inst. Have the honor to inform you, that the estimates for the militia in the year 1809 and 1810, were predicated on the returns and muster rolls of the troops which had been called out by the late governor Lewis and governor The estimate for the militia in the year 1811, was ordered to meet Harrison, on alarms of invasion by the Indians on those years.→ the expences of the late expedition under governor Harrison against the Indians on the Wabash. In explanation of the estimate of 8000 dollars in lieu of the dividend on the bank shares, held by the president of the United States, in trust for the Seneca nation of Indians, in the bank of the United States," have the honor to state, that on the 27th of March, the president in trust for the Seneca nation of Indians, the interest 1798, two hundred and five shares in that bank were transferred to of which has been regularly paid to them, with such additional shares; and when the whole dividend has not been drawn, the sums as they have required, not exceeding the dividends on thos surplus has been appropriated to further purchases in that bank. The shares now held in trust for them, amount to two hundred and twenty. The Seneca nation, considering the president as their father, and relying on the good faith of the United States, made him the guardian of their funds, with the expectation and belief that they should receive an annuity equal to the interest of their capital so deposited. Since that deposit, they have received annually, through their agent, from six thousand to eight thousand five hun dred dollars, according to their necessities and the dividends of the bank. As humanity and good policy must have induced this govern ment to become guardians of that property, the same motives, as well as the implied promise of the government, have been deem ed just grounds for the estimate; and it is believed the appropriation and payment of such sums as they have heretofore receed, will be thought expedient by congress, until those shares can be se disposed of as to produce an annuity equal to the fuer dividends on the interest of the capital, which ceased in January 1811; and it is presuined no deductions can hereafter be inade, froin the funds of the Seneca nation, (while they continue as numerous as at present) to reimburse the money thus appropriated in lieu of the expected dividends on their bank shares. A speech has this day been received from the chiefs and head men of the Seaca nation on this subject, and is here with enclosed for the further information of the honorable committee. With great respect. I have the honor to be, your obed't servant. |