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SENATE.]

Turkish Commission.

[FEB. 24, 1851.

ties are ratified by the Senate, if they are armistices only) that if the mission now under discussion had been sent to Because, though they have nothing to do with the Presi- Morocco, or Algiers, or Tunis, or Tripoli, nothing would dent's manner of making war, or interrupting hostilities, have been said against it. It was necessary, therefore, to he can make no treaty without their assent--because, in raise some distinction between two missions begun, confine, a treaty of peace (no offence to the certainty of tinued, and ended, precisely in the same way, that should diplomatic law) is a treaty, and not an armistice. make one a crime, the other a legal and proper measure.

Another certain doctrine of this eertain law which is to How is this done? By showing that the same rules which destroy my argument, is this: That, in a state of war, every govern a mission to Algiers, cannot apply to one sent to individual of one belligerent nation is in hostility to every the Ottoman Porte. Because, first, the Turkish is an anindividual of the other; that, in this situation of things, no cient Power; it was established, he says, before our existminister of one nation could be sent to another; that his ence as a nation. if this were the correct rule for deter. personal safety would be endangered from the first man mining whether a people were entitled to the privileges of he met; and it never yet was known, says the Senator, a civilized nation, it would be rather an unfortunate scale very emphatically, that a minister was sent by a Power at for us to establish. But be it the true one, how is the fact war to its enemy, Aagrante bello, and therefore he con- as between the two Powers? The empire of Turkey was cludes that plenipotentiaries to treat of peace are not not established in Europe until the fifteenth century. Alministers. If by this is meant ministers resident, no one giers was then an old Government. Soon after, it with; ever contended that they were; but they are what all the stood the power of Charles V, and defeated the powerful world calls them, ministers plenipotentiary, and it is con- army he sent to invade them. It is acknowledged in the ceded that they may De sent by the President alone, and argument, that a capture by one of their cruisers is conthat they have not been, and need not be, nominated to sidered by the courts of England as a change of property; the Senate before they are sent. As to the public law, They have fleets, armies, a regular revenue, an organized on this subject, having confessed my ignorance, I must and permanent, though despotic Government; how, with leave it to the Senate to decide whether this state of univer- all these attributes of sovereignty, can we call them savage sal and individual warfare is acknowledged by the modern hordes, with whom no regular intercourse of diplomacy can law of civilized nations, and whether, if even at times be kept up? Look, sir, into the treaties we have formed when it raged with the greatest ferocity, there were not with them. All the principles which the most civilized safe conducts known which would enable plenipotentia- nations have proclaimed, and which so few of them have ries to deliberate in an enemy's capital as securely as practised on, will be found to be included in the.n. they could in a neutral town. Leaving these points, as I But the States of Barbary are not treated by the Eurosaid, to be determined by those better qualified to decide pean Powers on the footing of other nations. They do them, I must take the liberty, however, to doubt the correct. not send them resident mmisters. If they did not, I ness of the asserted fact that is adduced to support them. scarcely trink this would be proof of the fact that they I have heard, strange as it may appear to the gentleman, were not considered as part of the family of nations. One I have heard of ministers sent to treat of peace in an ene- of the greatest Powers in Europe has not now, and never my's country during the existence of the war. I have has had, an agent here of a higher rank than consul. known some, and history is full of others. The war of our Nor have we treated him with more ceremony. Does this revolution, between England and France, was put an end prove that Austria and the United States do not consider to by a British minister, in the capital of the French king- each other as on a footing with other nations? But, sir, dom. The peace of 1801, between the same Powers, the fact is not quite correct. We have had, and now was concluded at Amiens, and Amiens is in France. One have, ministers resident with these Powers. They have treaty of peace with Algiers was concluded in that city, only the title of consuls, but have the powers of ministers; the capital of our enemy, by a commissioner appointed and greater powers than are exercised by ministers in any withi exactly the same formalities that Rhind, Offey, and country in Europe. They have exclusive criminal and Biddle were; and the other by an Algerine minister on civil jurisdiction over their countrymen.

What other board of one of our ships of war, representing the terri- difference between Algiers and Constantinople? In Altory of the United States; in short, so many are excep-giers, they follow the law of Mahomet, so they do at Contions to the rule, if rule it may be called, that, if it is one, stantinople. When the Dey is in a passion, he cuts down it has been most wofiilly disregarded in practice. the consul's flag staff. Constantinople, the Sultan does

But the volume of trcaties with the Barbary Powers; worse; he shuts up the minister in the Seven Towers. the long list of plenipotentiary commissioners who have The Algerine sends no resident ministers to other Powers; been, like Rhind, Oftley, and Biddle, sent to negotiate neither does the Turk. They both wear turbans; shut them, and who have none of them been nominated to the up their wives; and have the same contempt for christian Senate! What is to be done with them? They must be dogs. Why, with all these points of similitude, and none disposed of before we can make way for the fierce denun- of difference, except in extent of territory and power, ciation against the President. How is this to be effected? should there be any in conducting our intercourse with Nothing easier. Deny their existence as nations; call them, which will justify us in characterizing that to be a them hordes of barbarians, and the business is done. high crime, in our intercourse with the one, which towards They are, says the gentleinan, like the Indian tribes, who the other is a correct course of conduct? This is a question are now under our protection, and our tributaries. An which gentleman can answer, no doubt, with perfect sati:unfortunate assimilation for there are many honorable faction to their own minds, and, perhaps, (but of that I members of this body, who think that those tribes are in- must be permitted to doubt,) with that of the nation. dependent nations, and that all stipulations with them are treaties, in the diplomatic sense of the word. The word Marlens, page 27, says: Although consuls are under the spacial tributary, too, brings with it degrading recollections; for protection of the law of nations, ami may be considered in a general it so happens that it is only a few years since these very cannot be elussed as public mini-ter*, iron of the third order, because people, to whom the title of nation is denied, were power, which are sent to the Barbary Towers, and to the poris of in Lauint

Thuoc, lol! FI, ful enough to fiave exacted from us an annual tribute, and form an exception, and are the only consuls that are seer diudad not only from us, but from all the nations whose ships na. treated as ministers, the greater part of them, and especially constils vigated the Mediterranean. This way of mecting the funeral, namely some power, etter for several places at the same objection seems to concede that the course which I have greater prerogatives than those sent to the ports of Europe.' Page 163 shown to have been pursued with respect to the Barbary lle classes this israde of convuls above charge d'affaires, who are med Powers, was right and constitutional as regarded tliem; and ministers.

10 courts where it is het desired or permitted to send a higher grade vi

1

FEB. 25, 1831.]

Powers of Congress to lay and collect duties,

[SENATE.

In repelling these accusations so unexpectedly made, ought to be abolished, according to the agreement of the so vehemently urged, I must not be considered as the parties at the establishment of the present Federal Go.. authorized advocate of the First Magistrate. I do not vernment, and in conformity to the present actual condition pretend to know, as other gentlemen have intimated they and interest of the States. know, by whose counsel this measure was adopted, or 4. That an abolition of twelve millions of duties will be whether recourse was had to any counsel but that of his a relief to the people of from about sixteen millions of own sound, unbiassed understanding. Not being my- tares, (estimating the retail merchants' advance upon the self his political adviser, I have no parental feelings of af. duties at one-third.) and that the said abolition may be fection for any of his measures to mislead my judgment. made without diminishing the protection due to any By its dictates alone I shall approve or condemn. But, essential branch or pursuit of domestic industry, and with sir, he had advisers. Washington and the Adamses, Jef- manifest advantage to most of them. ferson, and Madison, and Monroe, were his counsellors; 5. That, for the purpose of enabling Congress to deand the advice of such a cabinet no Chief Magistrate need termine with entire safety to every interest, and with full hesitate to take as his guide.

satisfaction to the public mind, what branches and pursuits Sir, I repeat, I am not the official advocate, or the poli- of domestic industry may be entitled to protection, and tical adviser, of the President; but I am, and I am proud ought to be guarded from the injurious effects of foreign of the title, his personal friend; and, in this capacity, I re- competition, a joint committee of the Senate and House ject for him, as I know he would indignantly do for him- of Representatives ought to be appointed to take the self, the excuse that is offered for his intentions, at the examinations of practical men (producers, consumers, espense of his understanding and independence. and importers) in all cloubtful cases, and to report their

I was somewhat surprised to hear the distinction drawn evidence to the two Houses of Congress. between the measures of the President and those of what 6. That the said committee ought to be appointed at is improperly called his cabinet-a body entirely unknown the commencement of the next stated session. to the constitution. Adopt this system of shifting respon 7. That the power to regulate foreign commerce was sibility, and hereafter it will be used, not for the purpose granted to Congress by the States, for the express and for which it now seems to be introduced--that of eulo- sole purpose of enabling Congress to obtain and secure gizing certain heads of departments, and throwing the favorable markets abroad for the exports of the States, odium of imputed bad counsel upon others—but for the and favorable terins for the admission of their ships; and more dangerous purpose of shielding the First Magistrate to effect these objects by establishing an equitable systein from the responsibility which the constitution has thrown of commercial reciprocity, discrimination, and relation, upon him, and him alone. And it seems strange that it which should measure back to every foreign nation the did not occur to the honorable gentlemen who drew the same degree of favor, or disfavor, which itself measured distinction, that the establishment of this doctrine would out to the commerce and navigation of the United States. be a more serious blow to the constitution, which they so 8. That the power to regulate foreign commerce, earnestly and sincerely defend, than that which (if even although one of the first of the enumerated powers of the their charges were well founded) they deprecate. Be constitution, and tile enduring cause of its adoption, has the distinction offered for what purpose it may, the pre- never yet been exercised by Congress. sent Chief Magistrate is not the man to introduce or avail 9. That the approaching extinction of the public debt, himself of it. His measures are his own; the excuse is and consequent obligation to abolish, and advantage in not required nor accepted by him, nor is it made for him abolishing, about twelve millions of annual revenue, will by his friends.

enable the United States to receive a large portion of her On motion of Mr. FORSYTH, the Senate adjourned. foreign commerce, say the one-half thereof, free of duty;

and that the fair principles of a just reciprocity, the

dictates of obvious policy, justice to the States, and the FRIDAY, FEBRUARY 25.

constitutional duty of the Federal Government, already Mr. BENTON laid on the table the following resolu- too long deferred, will require this Government to demand tion:

equivalents from all nations which may wish to be admitted Resolved, That the powers conferred on Congress by to a participation in the enjoyment of this great amount the States to lay and collect duties, and to regulate com- of free and unrestricted trade. merce, are distinct and incontrovertible powers, aiming at 10. That the free importation of the following articles different objects, and requiring different forms of legis- (among others) may be admitted into the United States lative action; the levying power being confined to imports, without compromising the prosperity of any branch or and chiefly intended to raise revenue; the regulating pursuit of domestic industry, and with manifest advantage power being directed to exports, and solely intended to to most of them, namely: linens, silks, wines, coffee, procure favorable terms for the admission of the ships and cocoa, worsted stuff goods, several descriptions of woolproducts of the States.

lens, several qualities of fine cottons, several kinds of 2. That the power to lay and collect duties on imports spirits, &c. &c. was solicited by the founders of the present l'ederal 11. That the free importation of the said articles ought Governinent, and granted by the States, for the express to be offered to all nations which shall grant equivalent purpose of paying the public debt, and with the solemn advantages to the commerce and navigation of the United and reiterated assurance that the duties levied for that States, and will receive the products of their industry, purpose should cease the moment the debt was paid, namely: fish, furs, lumber, naval stores, beef, bacon, which assurance was given in answer to objections from pork, grain, four, rice, cotton, tobacco, live stock, manuthe States, and to quict the apprehensions expressed by factures of cotton, leather, wool, and silk, butter and some of them, that the grant of power to Congress to raise cheese, soap and candles, hats, glass, and gunpowder, revenue from the commerce of the States, without limit- lead, shiot, and sugar, spirits made of grain and molasses, ation of time or quantity, and without accountability to &c. &c., or some aclequate proportion thereof, either free them for its expenditure, might render Congress inde- of duty, or upon payment of moderate and reasonable pendent of the States, and endanger their liberties and duties, to be agreed upon in treaties, and to continue for a prosperity.

term of years, and to no other nations whatever. 3. That the public debt will (probably) be paid off in 12. That there is nothing in existing treaty stipulations the year 1834, and the amount of about twelve millions of with foreign Powers to prevent the regulation of our dollars of revenue will then be subject to abolition, and eommerce upon the foregoing principles.

SENATE.)

National Road in Ohio.

(FEB. 25, 1831.

Such being the cha

13. That all commercial nations will find it to their was confident that it was less than a tenth of the value of advantage to regulate their commerce with the United the advantage to be derived by the persons who were to States on these principles, as, in doing so, they will sub- pay it. He disclaimed all idea, or desire, on the part of stitute a fair and liberal trade for a trade of vexations, Ohio, to derive a revenue from this source. They did not oppressions, restrictions, and smuggling; will obtain pro. contemplate such a result, nor did they wish it. If the visions for subsistence, and materials for manufactures, on road could be preserved without a tax on them, or on the cheaper terms and more abundantly; will promote their General Government, they would prefer to have it remain own exports; will increase their revenue, by increasing as it is now, free and unencumbered with toll gates; but

, consumption and diminishing smuggling; and, in refusing said he, that is impossible; the road cannot be preserved to do so, will draw great injury upon themselves in the without constant repairs, which necessarily require a con loss which will ensure of several great branches of their stant supply of money. That Ohio contemplated nothing trade with the United States.

more than the preservation of the road, was evident from 14. That the agriculture, manufactures, commerce, the fact that the whole amount of money collected was to and navigation of the United States would be greatly be paid into the State treasury-kept in a separate fund, benefited by regulating foreign trade on the foregoing and applied exclusively to the repair and preservation of principles: first, by getting rid of oppressive duties upon the road, and that no more money was to be collected, the staple productions of the United States in foreign than would be required for that purpose. Mr. B. said markets; secondly, by lowering at home the price of that care had been taken, in draugliting the law, to secure many articles of comfort or necessity, imported from the rights of the United States, as well as those of the abroad.

separate States, by a provision that the mail should pass 15. That the safest and most satisfactory mode of free; that all persons in the service or employ of the regulating foreign commerce on these principles would United States, or either of them, and all property belong. be by combining the action of the legislative and treaty-ing to the United States, or either of them, should be making powers, Congress Sixing, by law or joint resolution, exempt from the payment of toll. the articles on which duties may be abolished, and the racter and object of the bill, he did not anticipate an Executive negotiating with foreign nations for the grant objection that he believed could reasonably be urged of equivalents.

against it. It did not, he said, affirm any principles, or 16. That, to be in readiness to carry this system of profess to settle any question of right; it was a naked der regulating foreign commerce into effect at the extinction claration, on the part of Congress, of their willingness that of the public debt, it will be necessary for Congress to Ohio should execute the law she had passed. He was designate the articles for abolition of duty at the next aware that some members of Congress believed that the stated session.

State possessed that power already, but many others were

of a different opinion; and it was manifest that Olio NATIONAL ROAD IN OHIO.

thought differently, otherwise she would not have passed On motion of Mr. BURNET, the orders were postponed the law in question. Be this as it may, said Mr. B., 1 feel for the purpose of taking up the bill declaring the assent confident that every Senator present, whatever may be of Congress to an act of the General Assembly of the his opinion on the delicate question of internal improveState of Ohio.

ment, can vote for this bill without committing himself, on Mr. BURNET said he would occupy but a few minutes any principle connected with that question, because it of the time of the Senate in explaining the bill. Its involves no principle of that character. It will leave the object

, he said, was nothing more than to give the consent questions of constitutional power and constitutional right of Congress to an act of the State of Ohio, for the pre- where they now stand, to be adjusted and settled as would servation and repair of so much of the national road as be the case had this law never been thought of. If

, as lies within the limits of that State. That the law to which he believed, the provisions of the bill were unobjectionthe assent of Congress was asked, provided for the collec- able, on the score of principle, he was very certain they tion of a moderate toll, to be expended in repairs. It were calculated to secure a highly important object, as also provided for the punishment of persons detected in would be verified by the experiment, should the bill the perpetration of malicious mischief injurious to the under consideration pass. It would prevent future appliroad. He said that it was generally understood and be cations to Congress for appropriations of money from the lieved in Ohio, that the jurisdiction of this road was ex- national treasury to repair the road. As yet no such clusively vested in the United States; that the General application had been made for the part of the road within Assembly had no power to legislate on the subject without the State of Ohio, because it had not become necessary; the consent of Congress. It was well known, he remark- and be would venture an assurance that such an applicaed, that the road would soon become entirely useless, if tion should not be made if Congress passed this bill. an arrangement were not made, without delay, for the Ohio would relieve the United States from the tax and purpose of keeping it repair; that, as the road had the labor of preserving her portion of the road. With been constructed by Congress, at a great expense, it was the means which this law would put in her power, she unreasonable to rely on them for yearly appropriations of would guaranty the accomplishment of the object without money from the national treasury, to keep it in a state further trouble to the United States, and certainly without of preservation; that the road, being once completed, further expense to their treasury. He believed that the ought to sustain itself without imposing a further burden plan proposed by the State of Ohio was the best, if not on the national treasury; that this description of internal the only one, by which the road could be kept in repaj improvement could not be carried to any great extent, if for any length of time, as it was evident that Congres every new construction, when completed, was to be fol- would soon become weary of making yearly appropriations lowed by a new annual charge on the treasury of the for that purpose; and that whenever these appropriation nation. Such, he said, was the impression of the Legis- should be required, there being no substitute provideu lature of Ohio, and on chat view of the subject, and for the road would go to ruin, and the money already expend the purposes already mentioned, they had passed the law ed would be lost to the nation. recited in the bill under consideration. He thought it Mr. HAYNE said he was in favor of the object of the would be found, on a careful examination of the law, that bill. He should be glad to see the principle carried out its provisions were just and reasonable. The toll proposed and the United States wholly relieved from the care ane to be charged was unusually low; much less than is com- preservation of this road. He thought, however, the inonly charged on other roads of a similar character-he the bill stopped short in one important particular, and th:

FEB. 25, 1831.)

National Road in Ohio.

(SENATE.

was,

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the cession of the road to the State of Ohio. He those officers of the State of Ohio. The constitution should like, if it could be done, to introduce a provision into provides, that “the judicial power of the United States the bill providing for its cession—it was a matter of import- shall be vested in one Supreme Court, and in such infeance, in his opinion--and it would release the United rior courts as the Congress may, from time to time, ordain States from all future legislation on the subject. Should and establish." Can we travel out of the course laid this course be pursued, next year Virginia, Maryland, down for us in the constitution, and give an authority to Pennsylvania, and other States interested, would make State officers to enforce our laws give them a jurisdica similar application to Congress, and, their wishes once tion which we have no authority to do by the constitution? granted, the United States would be relieved from an No, said Mr. P.; we have not the power to constitute almost continual drain on their treasury. The construc- these officers, quoad hoc, judicial officers of the United tion and preservation of this road was an unfortunate States. The course which he should prefer, and which event for the country; the United States had been, and should be pursued, was, to cede that part of the road would be, from the necessity of things, subjected to more to the State of Ohio, passing through her boundaries, expense in works of this nature, than either individuals and so on to cther States, to the whole length of the or States. Mr. H. spoke of the sums paid for the con- road: for this was the worst Government in the world to struction of the road, and the great expense required to have the management of the roads. He had thrown out keep it in repair. Ile would ask the chairman of the these views for the consideration of the Senate, and he committee if such a provision as he had suggested could hoped honorable gentlemen would agree with him in the not be introduced into the bill, and thus relieve the Go- expediency of an entire cession. vernment from any further appropriations.

Mr. LIVINGSTON said that the gentleman from MissisMr. BURNET, in reply, said, that as many of the mem- sippi, who had just taken his seat, mistook, a little, the bers of both Houses were opposed to a cession of the provisions of the bill. It did not grant a power to erect road, as would appear by referring to the debate which toll-gates, but simply gave the assent of Congress to the took place on that subject two years ago, he was appre- State of Ohio to do so. The road passed through the hensive that an attempt to amend the bill, as had been limits of the State, but was constructed by the United suggested by the honorable Senator from South Carolina, States. Many persons were of opinion that, because the might be followed by its loss. He observed that the bill, road was made with the money of the United States, in its present form, presented no obstacle to the accom- therefore it was the property of the United States—others plishment of the object which the honorable Senator had were of opinion that the road was constructed in pursuin view; that, as it now stood, it secured that object in ance of the power possessed by the Government to make part, and in a very important part, and he hoped that post roads; and on these two cases many disputes might gentleman would not persist in putting that part at risk, arise. He was opposed to ceding the road to the States. by an attempt now to obtain the residue, which might as Mr. L. remarked that it was the State of Ohio which gave well be secured at a future day. That, as the proposition the power referred to the justices of the peace, and not now made was one about which there was a great diversity Congress; we, in sanctioning her law, simply assent that of opinion, an attempt to introduce it into the bill would she shall have the power to give the jurisdiction to these certainly induce a protracted debate, which, at this late officers expressed in the bill, and do not appoint them hour of the session, must be fatal to the whole project. ourselves. Mr. L. made a reference to the inspection The Senator from South Carolina did not object because and other laws of the States, which were sanctioned by he was unwilling to permit the State of Ohio to do what the United States' Government, but were not laws of

proposed; on the contrary, as far as the proposition Congress. He wished similar provisions to those conwent, it seemed to meet his approbation; but he desired tained in the present bill could be extended to every

go further-he wished to make a complete cession of State through which roads ran, constructed by the United the road; that object would not be defeated by passing States. the bill in its present shape, but the bill would certainly Mr. -POINDEXTER thought he discovered, in the be defeated by an attempt to amend it as proposed, for arguments of the Senator from Louisiana, á distinction the purpose of gaining that object at the present time. without a difference. If the assent of Congress was On these considerations, Mr. B. objected to the proposi- necessary to give effect to a law of the State of Ohio, tion which had been made.

then we certainly transferred to her a power to do that Mr. POINDEXTER said that there were at least two which she could not do herself. If she had a right to objections to the bill as it now stood, unless the provision exercise the power proposed to be given in this bill, withsuggested by the gentleman from South Carolina should out our consent, then the bill is useless; but if our assent be incorporated into it. The first was, that it undertook is necessary, then our act is the only thing which gives a to transfer to the Legislature of Ohio a right to erect toll- binding effect to the law of the State of Ohio. Where gates, &c. with a view to the collection of revenue, to was the difference in our acting on subjects of this kind provide for keeping the road in repair--a power which subsequently or anteriorly? In the present case the Lethe Congress of the United States did not itself possess. gislature had acted beforehand, and sent their law to us The matter had been more than once discussed in Con- for our assent to its provisions. If we were to pass a law gress, and bills providing for raising a revenue from tolls, beforehand, giving them the power now sought to be for the repair of the road, had been rejected. If, then, obtained, and they saw proper to act upon the subject, Congress did not possess the power, could the right be would it not amount to the same thing? The justices of the transferred, by Congress, to the Legislature of the State peace in Ohio, he maintained, would, in this instance, act of Ohio? In his opinion, it could only be done by ceding entirely dependent on our will; and, in granting them the that part of the road lying within the State of Ohio to power sought to be obtained, we were going beyond the that State altogether, and ibus give its Legislature a right provisions of the constitution. to exercise the power now sought to be obtained. If the Mr. LIVINGSTON said he would state the difference power were not given in this way, he could not see in in the two cases, and it was the same difference which what other way it could be done, when Congress did not existed between a compromise and a suit at law. Might possess the power itself. The second objection was, that, not, two parties being at variance, one offer a comproby the provisions of the bill, the justices of the peace in mise for the settlement of their differences, and the other the State of Ohio were to exercise jurisdiction over refuse, because, he would say, if I do agree to a comprooffenders against the law, and to enforce its provisions. mise, you will say, that I admit you have the right on your Certainly, said Mr. P., we cannot give this jurisdiction to side? As to the justices of the peace, when they came

VOL. VII.--19

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SENATE.]
Punishment for Duelling:--- Turkish Commission.

(FEB. 25, 1831. to act, it would not be by virtue of any law of Congress, officers, Congress, by expressing its approbation of the but under the provisions of the law of Ohio.

measure, will not become the grantor of ihat jurisdiction; Mr. FORSYTH said lie could not vote for the bill in its it would still be an authority derived exclusively from the present shape. He agreed with the gentleman from Mis- State. sissippi in his views of the matter, and would cheerfully The question was then put on ordering the bill to be vote for a cession of the road, if the State of Ohio, or engrossed for a third reading, and determined in the affir. any other State concerned, was willing to take it. lle matiye, was among those who believed that the United States

PUNISHMENT FOR DUELLING. could claim no jurisdiction over the property. The State of Ohio asked of us a jurisdiction which we could not give,

Mr. LIVINGSTON submitted the following resolution: said Mr. F., because we had not the power. Cede the

Resolved, That a select committee be appointed to exproperty to her, and she might exercise such legislation amine and report whether any legislative provision is in relation to the road as she might see proper. He

expedient, in order to prevent and p:inish the practice of regretted that he could not vote for the bill; he had duelling in the District of Columbia, and that they have assigned his reasons why he could not. He was willing to

leave to report by bill or otherwise. surrender every section of the road to the States inte- the bill from the other House, for the punishment of

In offering this resolution, Mr. L. rumarked, that when rested, if they would keep it in repair.

Mr. RUGGLES said, this was the third effort which crimes in the District of Columbia, was under considerahad been made to prevent the road from going to ruin. tion, some exception was made to that clause which reThere was no other method that could be pursued to ac

lated to the punishment for duelling. Not to hazard that complish the end in view. Bills for the preservation of bill, the clause had been stricken out, with a view to come the road had been before Congress on several occasions,

at the subject by the appointment of a committee to pre. but without success. One did pass the two Houses, but pare and report a special bill relative to duelling. With was rejected by the then President-Nr. Monroe. other this view he had offered the resolution, and he doubted projects had been tried, but nothing finally done. The not that a bill might be reported in time to be acted on at State did not contemplate deriving a revenue from the

the present session. tolls collected; their only object was, to keep the road

Mr. HAINE was in favor of the adoption of the resoluin repair, and to this purpose the fwds would be applied. of the bill referred to, that the gentleman from Louisiana

tion. It was his object, in moving to strike out the clause It would be to the benefit of the United States to assent to the act; and if, in the present case, the assent of Con- his views on tlfe subject in the shape of a specific bill,

[Mr. LIVINGSTON] might have an opportunity to present gress was obtained, the Siates of Virginia, Pennsylvania, Should a bill be reported, as an individual he would Maryland, &c. would hereafter adopt similar measures. Some measure, to keep the road from dilapidation and cheerfully co-operate with him; and he thought such a

be maturell, as would have a beneficial effect. ruin, should be speedily resorted to. It was the best road in the country; but, unless early attended to, must go to

The resolution was then agreed to, and Messrs. Irdecay. He thought the bill prescribed the best course Vingston, Barnt, and Chaiton were appointed the that could be adopted, and hoped it would pass.

committee.

Ohio did not ask for or want the road; she simply wished the

TURKISII MISSION. power to preserve it from destruction.

The Senate then resumed the consideration of the Mr. BURNET said, there was one point of view, in amendments to the appropriation bill, the question being which the subject might be presented, which he thought on the motions of Messrs. TAZEWELL and KANE. would remove the difficulty under which the Senator from Mr. FORSYTH said lie was in favor of the amendment Mississippi seemed to labor. The national road, he proposed by the Senator from Illinois, (Mr. KANE.] He said, had given rise to questions of doubtful or disputed was satisfied of its strict propriety, by his recollection of jurisdiction. Many persons of information and legalwhat occurred in the House of Representatives in the talents were of opinion that the jurisdiction vested in year 1818, when he occupied in the House the position the State through which the road passed; others, equally now occupied in the Senate by the Senator from Virginia, well informed and of equal legal ialents, were of a dif: (Mr. Tazewill,) who first opened the discussion. ferent opinion; they thought the jurisdiction was in Con- Monroe had appointed three distinguished citizens comgress, and in this state of things the road was fast going missioners to go to Spanish America, to examine into the to ruin. For the purpose of obviating the effects of this political condition of the States struggling to maintain their collision of opinion, without meeting the contested ques- independence. He had promised them salaries at the rate tion, the Legislature of Ohio, he said, has passed a law, of 50,000 per annum each, and had given them a secretary exercising a jurisdiction in part, with a proviso that it with a salary of 2 or 3,000 dollars. These gentleman had should not be carried into effect without the consent of all been appointed during the recess of the Senate, and Congress. The whole amount of the matter then was, were not nominated at the ensuing session. They had that the contending parties, by this bill, consented that left the United States on the r mission before Congress Ohio should take charge of the road, for the purpose of met. Their mission was one of the topics of the Executive preserving it, leaving the question of right as it heretofore message at the opening of Congress. The appropriation stood-unsettled and undecided. The Senator from Mis- bill of that year was reported with a clause making a sissippi bad certainly misapprehended the bill; hic bad specific appropriation for the payment of these commisconsidered the language of the Legislature as being the sioners and their secretary. The Speaker of the House, language of Congress, by supposing that the latter was Mr. Clay, who was just beginning to display symptoms of about to vest jurisdiction by this bill in the vilicers and hostility to the administration, inquired into the authority courts of the State, when, in fact, it was the enactment for making those appoiniments--doubted the propriety, of Ohio which gave the jurisdiction, and when Congress and condemned the expediency of them. After a conwere required to do nothing more than express their sultation with that distinguished statesman, the late Mr. approbation of the course pursued by that State--all the Lowndes, the purity of whose character, the soundness power to be exercised by those courts and officers woull of whose judgment, whose honorable ambition, with not be derived from the State, by an express enactment, in enough of the alloy of selfishness in it to make it current which the United States were neither named por refurred in the world's traffic, gave to his opinions, while he tu as having any agency in the matier. if a State', said lived, the most imposing weight. Mi. F. proposed to he, by statute, gave jurisaliction to her own tribunals and strike bom the appropriation bill the specific appropria

Mr.

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