ed guilty of piracy and felony, and shall, on conviction thereof, suffer death.

The sixth section provides, That, if any person or persons upon the sea, &c. with intent to kill, rob, steal, commit a rape, or do or perpetrate any other felony, shall break or enter any ship or vessel, boat or raft; or if any person or persons shall wilfully and maliciously cut, spoil, or destroy, any cordage, cable, buoys, &c. every person so offending, shall be punishable by fine, not exceeding one thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years.

The seventh section provides, That, if any person or persons, &c. shall receive stolen money or goods, &c. every person, so offending, shall be punishable by fine, not exceeding one thousand dollars, and imprisonment and confinement to hard labor, not exceeding three years.

[H. of R.

The fourteenth section provides, That, in every case where any criminal, convicted of any offence against the United States, shall be sentenced to imprisonment and confinement to hard labor, it shall be lawful for the court by which the sentence is passed, to order the same to be executed in any state prison or penitentiary, within the district where such court is holden, the use of which prison or penitentiary shall be allowed or granted by the Legislature of such state for such purposes; and the expenses attendant upon the execution of such sentence shall be paid by the United States.

The fifteenth section provides, That the several courts of the United States shall have power and authority, in all cases of conviction before them of any person or persons, for any crime or offence against the United States, in their discretion, to require any person or persons, so convicted, to give security by a recognizance, with surety or sureties, to keep the peace, &c.

The sixteenth section provides, That, if any person who shall be employed as a cashier, clerk, or servant, in the Bank of the United States, or any of its offices, shall steal or embezzle the money or other effects of the Bank, &c. he shall be punishable by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence.]

The eighth section provides, That, if any person or persons shall plunder, steal, take away, or destroy any money, goods, &c. from any vessel, which shall be in dis. tress, or which shall be wrecked, lost, stranded, or cast away, &c. or wilfully obstruct the escape of any person endeavoring to save his or her life from such ship, or vessel, or the wreck thereof; or, if any person or persons shall put out any false light or lights, with intention to bring any ship or vessel into danger, or distress, or ship- The 4th section (which provides for the punishment wreck; every person, so offending, his or her counsel- of murder, rape, and several other crimes, when comlors aiders, and abettors, shall be punishable, by fine, mitted in any arm of the sea, or in any river, baven, not exceeding five thousand dollars, and imprisonment creek, basin or bay, within the admiralty and maritime and confinement to hard labor, not exceeding ten years.jurisdiction of the United States,) being under considerThe ninth section provides, That, if any master or com- ationmander of any ship or vessel, belonging, in whole, or in part, to any citizen or citizens of the United States, shall, during his being abroad, maliciously, and without justifiable cause, force any officer or mariner, of such ship or vessel, on shore, or leave him behind, in any foreign port, &c. he shall be punishable by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding six months.

The tenth section provides, That, if any person or persons, in any case not herein before specially provided for, shall wilfully and maliciously set on fire, or barn, or otherwise destroy, &c. any ship or vessel of war of the United States, whether the same be on float or building, | or begun to be built, on any dock yard of the United States, every person so offending, shall, on conviction thereof, suffer death.

The eleventh section provides, That, if any officer of the United States shall be guilty of extortion, under or by color of his office, he shall be punishable by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding one year.

The twelfth section provides, That, if any person in any case, matter, hearing, or other proceeding, when an oath or affirmation shall be required to be taken or administered under or by any laws of the United States, shall commit perjury, he shall be punishable by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years. And if any person shall be convicted of subor. nation of perjury, he shall be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not excee.ling five years.

The thirteenth section provides, That, if any person, upon his or her arraignment upon any indictment before any court of the United States for any offence, not capital, shall stand mute, or will not answer or plead to such indictment, the court shall, notwithstanding, proceed to the trial of the person so standing mute, &c. And the trial of all offences which shall be committed upon the sea, or elsewhere within the admiralty and maritime jurisdiction of the United States, shall be in the district where the offender is apprehended, or into which he may be first brought.

Mr. WICKLIFFE moved, as an amendment, to insert the following words: " and not within the jurisdiction of any state or territorial government." He explained and supported the amendment, as intended to prevent collisions between the authority of the general and state Governments. The admiralty jurisdiction of the United States had been claimed and exercised within the state of Kentucky, and, he believed, from the mouth of the Mississippi to St. Louis. He conceived the state governments to be entirely competent to inquire into and punish crimes committed within their own jurisdictions, and that, as there was no necessity, there would be no advantage, in giving the United States concurrent power to do the same.

Mr. WEBSTER replied. He had already stated to the committee that one of the principal objects in framing this bill, had been, to avoid a conflict of territorial jurisdictions between the United States and the several states. But it was the first time he had heard of such an extraordinary thing, as that maritime jurisdiction had been exercised by the courts of the United States from the state of Kentucky; he did not know that any person had dreamed of the application of such a jurisdiction there and Mr. W. said, he thought that those who had exercised it must have been dreaming themselves at the time the did se. The class of crimes provided for in this section not only might happen, but had actually occurred, without the existence of any law to punish them. Murders had been committed on board our own ships while lying in the harbors of foreign nations, and, for want of such a provision, they had gone unpunished. He knew that the state governments were competent to the punishnent of crimes committed, under similar circumstances, in any harbor or river of the United States; but they were usually disinclined to do so, considering the crinie as more particularly committed against the United States. There might, besides, occur much difficulty, where the boundaries of different counties surrounded the same bay, in deciding within which of them the fact happened. In bays, &c. which, though part of the sea, were not any part of the high seas," the common law Jurisdiction, and the admiralty jurisdiction, were concurrent; and should the section pass, its only effect would be to pro

H. of R.]

Crimes against the United States.

[JAN. 7. 1825.

Mr. WEBSTER replied, that the Committee on the Judiciary did not consider themselves as instructed to re-modify the penal policy of the United States. They had no authority to do so. Should the time come when the Government should see fit to abolish capital punishments entirely, it was competent to do so-but the present bill would be found, upon the whole, to be a mitigation of the laws as they previously stood. He did not know that he should object to the present amendment, inasmuch as it was not probable that the crime referred to would often occur in the circumstances provided for; but, as to the crime itself, he never would consent that it should be punished with any thing less than death.

vide that, if the state did not try the offender, the Unit-ment, that penalties of a milder form were equally effeced States should. As the interest and property more tual in the prevention or diminution of crimes, it would immediately concerned were those of the United States, not do to insist on such doctrine. A milder system had it was not proper to leave it at the option of any state, been tried, and no increase of crimes had occurred bewhether offences against them should be punished. yond the proportion in which population had multiplied Mr. WICKLIFFE replied. He had stated not his and, while that was the case, he should feel bound in opinion, or his apprehensions, but a fact which actually duty to oppose the bill in its present form, at least by existed. Admiralty jurisdiction had been claimed, and his vote, and to protest against all needless multiplicahad been exercised within his native state. The juris-tion of capital punishments. diction had been exercised in Kentucky by a tribunal Mr GAZLAY supported the amendment of the gencomposed of Judges, who were not in the habit of dream-tleman from Pennsylvana, chiefly on this ground, that, if ing on legal subjects, and the question was now pend-"rape" were placed on an equal footing with murder, ing before the Supreme Court of the United States. where the one was committed the other would generally The section provides to punish what the states are them-be committed also, to prevent prosecution. selves competent to punish, and in a manner different from that in which some of the states provide to punish it. Admiralty jurisdiction had also been claimed and exercised, Mr. W said, in the state of Louisiana, and it would be the effect of the section to take the punishment of every boat-man who got into a fray, on board one of the flat-bottomed boats on the Mississippi, into the hands of the United States' Courts, and punish him in a way at variance with the laws of Louisiana. I (said Mr. W.) would give to the states exclusive jurisdiction within their own territories. Or, if the gentleman intends to punish only crimes committed on board vessels of the United States, and would so modify his amendment as to accomplish that object alone, he would agree to it. But the section, as it stands, said Mr. W. is gen eral and indiscriminate. Mr. W. further objected to it Mr. WEBSTER then moved to insert a section in the as being without warrant from the Constitution. That bill, which provides, that, if any offence shall be commitinstrument gives to the General Government no power ted on board of any ship or vessel belonging to any citizen to prescribe the punishment of crimes, under an admi- of the United States, while lying in a port or place withralty jurisdiction, except such as are committed on the in the jurisdiction of any foreign state or sovereign, it high seas, or are offences against the laws of nations. shall be cognizable by the United States' Court, in the The crimes here referred to, are not committed on the same manner as if committed on the high seas; with a high seas, nor are they offences against the law of nations.proviso that, if tried abroad, the offender shall not again Mr. WEBSTER inquired, whether he was to under-be tried at home. stand the gentleman from Kentucky as affirming that the Constitution gave to the General Government no other power to punish crimes, except that contained in the clause he had just quoted?

The amendment was lost.

To this, Mr FORSYTH objected, as unnecessary and somewhat dangerous; unnecessary, because the crimes were punishable by foreign Governments; dangerous, because it contained no safeguard against a citizen who In answer to Mr. WEBSTER's questionhad been tried and acquitted by our own courts being Mr. WICKLIFFE said, he did not see, in the Consti-afterwards tried and condemned by a foreign jurisdiction. tution, any delegated power to define and punish the Mr. A. STEVENSON, of Va. objected to the amendoffences designated in the section under consideration, ment on constitutional grounds. He denied the power when committed within the territorial limits of a state, of this Government to carry its territorial jurisdiction nor did he think it resulted as necessary to carry into ef- within the jurisdiction of another sovereign. The refect the powers delegated to the General Government.ceived doctrine of the law of nations was, that the jurisAfter some further consideration, the question was put diction of any sovereignty was commensurate with the on Mr. WICKLIFFE'S amendment, and it was nega- boundaries of the country in which it existed, except tived, ayes 46, noes 108. when, by a fiction, it was supposed to accompany its ambassadors when abroad, its armies when on a march, and its ships of war; but this section applied to private as well as public ships, and he denied that a private vessel could carry the United States' jurisdiction with her wherever she went.

Mr. ELLIS then moved to amend the section by striking out the words ["or rape."] This crime, he said, was, by the penal codes of most of the states of the Union, punished in a manner different from murder; and, however infamous the former crime might be, he thought there ought to be a gradation in its punishment Mr. WEBSTER explained, and again referred to cases below that of the latter. There had been in many states where crimes had been committed on board our own of the Union an endeavor at the reformation of the vessels, but had gone without punishment, because the criminal code-in several states this had been effected vessel was within a foreign jurisdiction. It was a case to a considerable extent, and he believed without the that might happen every day. Our commerce had least detriment to public morals or to public security. spread over all seas; it extended into all the bays and He regretted to perceive that the legislation of the ascended all the rivers of the world. But, as the law states was crossed in so many instances by the proposed now stood, the moment a vessel left the high seas and bill, and that the old exploded system of punishments entered into any creek, haven, or bay, the persons on was so far adopted and revived by it. The bill, he had board were left without law; the crew might rise and understood, professed to be an amelioration of the ex-murder the master, or commit any other outrage, and isting laws-but, if it created, as has been said by the there was no law whetever to punish them. As much getleman from Kentucky, (Mr. WICKLIFFE,) Sixteen new as two hundred years ago, the necessity of some capital offences, it was, instead of an amelioration, such provision as that now proposed, had been seen by rather an aggravation of their severity It was easy for the Government of England, and, in the reign of Henry a legislator to say, that those who broke through the 8th, a statute was enacted to punish at home erimes salutary restraints which tend to preserve society, are committed on board English ships in foreign harbors. worthy of death-but, where it was found, on experi-Numerous convictions had taken place under that

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 commanders and 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 atrocious circumstances, that a detail o! 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 authen amicable 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 ramonstrances, 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, beliation, 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 paythat 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 Sec. 5. And be it further enacted, That, whenever the up, renders himself an accomplice in the injury, and be- commanders and crew of any merchant vessel of the comes responsible for it." If the committee were of United States shall subdue and capture any piratical opinion that the refusal, on the part of Spain, was wilful, vessel or boat from which any assault, or other hostility, and not the result of inability, they would, with a full shall be first made or attempted, such piratical vessel or view of all the consequences which the measure involves, boat, with her tackle, appurtenances, ammunition, and at once recommend an appeal to the last resort of na- lading, (excepting such part as may have been piraticaltions, against Spain, and all her dependencies. But, ly taken, which shall be restored to its owners, subject believing, as they do, that courtesy requires that her re- to salvage as aforesaid,) shall accrue, the one fourth to fusal to do us justice should be placed on the ground the owner or owners of such merchant vessel of the of inability-an inability resulting from causes which United States, and the other three-fourths to the captors; the committee intentionally forbear to enumerate, they and, being brought into any port of the United States, content themselves with recommending only such mea- shall and may be adjudged and condemned to their use sures as are believed to be indispensable effectually to after due process and trial in any Court of the United reach the mischief. And hence, they beg leave to pre- States having admiralty jurisdiction, and which shall be sent a bill with suitable provisions for the end designed." holden for the district into which such captured vessel Accompanying the report, Mr. B. reported the follow-shall be brought and the same Court shall thereupon ing 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 be, 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 exceeding 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,

order a sale and distribution thereof, accordingly, and at between the owner or owners and the commander and their discretion, saving any agreement which shall be 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 merchant 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 child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be placed on the pension list by the Secretary of the Navy, who shall allow, out of the fund aforesaid, and no other, to such widow, child, or children, half the monthly pension to which the rank or station of the deceased would have entitled him for the highest rate of disability under this act: which allowance shall continue for the term of five years. But, in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the term shall go to the child or children of the deceased: Provided, That the halfpay shall cease on the death of such child or children, or on their arriving to the age of sixteen years.

Sec. 11. And be it further enacted, That all from the second to the seventh sections of this act, inclusive, shall continue and be in force for the term of one year, and until the end of the next session of Congress thereafter.” The bill was twice read, and, on motion of Mr. BARBOUR, made the order of the day for Thursday next. A message was received from the President of the United States, (the same as that received in the other House on Friday,) respecting his accounts with, and disbursements for, the government.

Mr. HAYNE moved that it be referred to a select com

Mr. SMITH said, that this request of the President was with a view to collect all the information necessary to be acted on hereafter. He supposed that a committee would be appointed in the other House, and, as it was not to be acted on during the present session, he suggested the propriety of laying it on the table, to be taken up for disposition at a future day.

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 Col-mittee. lector of said port, of any rencounter which shall have happened with any piratical vessel, and of the state of the company and crew of any vessel which they shall have subdued, captured, or retaken. And the persons of such crew or company, chargeable with any act or acts of piracy, or piratical depredation, shall be delivered to the Marshal of the same district, for trial, before the 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 salone House could not know what the other was acting vage 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.

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

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, and 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 requir ed two oaths to be taken before the defendant could be Sec. 10. And be it further enacted, That if any master, held to bail. When the question was taken on one oath mate, or other officer, seaman, or other person, employ-"that he or they have reason to believe that the said deed or serving on board any armed merchant vessel as fendant or defendants intend to remove from the state aforesaid, shall die by reason of a wound received in the || or territory, or intend to leave the United States," the ine of his duty, in any rencounter, pursuit, or engage vote was equally divided; some gentlemen might say,

VOL. 1.-11.