SENATE.

Treason and other Crimes.

FEBRUARY, 1808.

The Senate will please to recollect the position deed, can perjure himself with impunity; the acwhich I have already laid down, that those crimes cused has no means of controverting the fact, the which are common to all governments, or rather armor of conscious innocence cannot save him which are not peculiar to nor result from the par- from ruin. In this Government, which is foundticular policy or measures of the Federal Governed on the affections and interest of the great mament, were punishable by the States respectively jority of the people, that jealousy so common in before the present Constitution was adopted, and those governments ought not to be indulged. This that Congress has no cognizance of any of this strict scrutiny into the conduct of individuals is description, except such as are specially made so unnecessary here, and tends very much to diminby the Constitution. Conspiracy, murder, &c., are ish the stock of private confidence and social fecrimes common to all governments, and conse-licity. This crime called conspiracy, however quently are not punishable by this Government, odious, is in its nature so vague and indefinite, and unless committed by persons upon whom its juris- liable to be proved by testimony of so suspicious a diction has attached in the course of its legitimate character, that I fear it would be dangerous to operations. Conspiracy is an offence no where give it a place in our criminal code. Conspiramentioned in the Constitution. It may be said tors, when their guilt is well ascertained, will that many offences are contained in our penal generally be punished with sufficient severity by code not specified in the Constitution: To this I that great censor, public opinion. It does not apreply that most of those offences are what may pear to be entirely congenial with either the gebe termed mala prohibita, and have been created nius or practice of the American Government to as necessary auxiliaries to the execution of pow-punish a man for his wicked intentions, until they ers delegated. This Constitution being a special have eventuated in the perpetration of some ungrant of power, those acting under its authority lawful act. cannot claim the exercise of any power not delegated or vested in them, except such incidental powers as may be requisite to carry the specified powers into effect or result from the exercise of them. The power to punish conspiracy cannot be included with the class of incidental or resulting powers.

I will now pass to the last section of the bill, which seems to merit some notice. It is in these words: "And be it further enacted, That if any person or persons shall attempt, by written or printed publications, or by advisedly speaking to or addressing an assemblage of people exceeding persons, to promote and bring about a disThis clause may be fairly objected to, as uncon- 'memberment of the United States or any of the stitutional, on another ground. The offence cre- territories thereof, or to erect or establish any ated by it savors very much of that species of' government within the jurisdiction and against treason known in despotic governments, which is the authority of the United States, the person committed by imagining the death of the royalso offending," &c. This section is liable, indeperson or conspiring against his life. This sec-pendent of others, to the Constitutional objection tion is intended, if I understand it, to punish an made to that concerning conspiracy; and I am intent to commit treason. If it is improper to satisfied that the committee themselves, upon a violate the Constitution directly, it is equally so reconsideration, will be convinced that it is highly to do it indirectly. I infer that the people of the impolitic. United States, by declaring that treason should consist only in levying war, &c., intended to proscribe every other species of it; and it may be questioned whether we can with propriety introduce another species of treason into our penal code under the name of conspiracy. Besides it will violate that provision which requires two witnesses to an overt act; for if this clause is retained and the bill passes, I presume a single witness proving an intent to commit treason will be sufficient for conviction. A few fugitive expressions which may escape men in a moment of boasting dissipation, if related on oath in a court of justice by a pimping informer, may be competent to destroy them. In governments founded on force, the despot, conscious that he has no place in the affections of his subjects and consequently jealous of their fidelity, has his secret spies and informers to watch their most minute transactions. Every whisper alarms him. In such governments many, who have been ornaments of human nature, have been sacrificed by the instrumentality of informers, at the shrine of individual malice, or to suit the convenience of ministry. The witness who swears to another's private intentions, unconnected with any open

When I first read it, I was reminded of a story I have some where read, that a man, whose inclination had never prompted him to go beyond the gates of Rome, sickened and died, when the Emperor issued an edict directing him to be confined within those very limits which he had never wished to pass. The moment we say to the people they shall not speak, we prompt them to throw off the authority of this Government. No man censures more highly than myself the circulation of opinions of this kind, but I believe the censure which awaits the authors of them at the bar of public opinion, is an adequate check. If there are any who entertain such sentiments, let them stand as monuments of the safety with which error of opinion may be tolerated, while reason is left free to combat it. If it should ever be found politic and necessary to suppress publications of this kind, it would be better for the States to legislate on the subject than this Government. An act passed by a State would have more effect upon the conduct of its own citizens than one passed by the General Government. This will be denounced as another sedition law, as violating the freedom of speech and the press; and, without answering any good purpose, may in its con

FEBRUARY, 1808.

Treason and other Crimes.

SENATE.

rectly engrossed. The bill was read the third time, and passed.

The "resolution to authorize the disposition of certain charts of the coast of North Carolina," was read the third time, and concurred in.

On motion, by Mr. ANDERSON, it was agreed that the bill for the punishment of treason, and other crimes and offences against the United States, be postponed until to-morrow.

A message from the House of Representatives

a bill, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes; also, a bill, entitled "An act making appropriations for the support of the military establishment of the United States for the year 1808;" in which bills they request the concurrence of the Senate.

The Senate resumed, as in Committee of the Whole, the consideration of the amendments reported by the select committee to the bill, entitled An act to allow the importation of old copper free of duty;" and the PRESIDENT having reported the bill to the House amended, it was ordered to the third reading as amended.

quences do much mischief. I confess I have very little faith in the efficacy of penal laws on the durability of the Union. By the passage of this bill, instead of suppressing the evil, we shall only put a weapon into the hands of its enemies. We had better repose on the affections and attachment of the people to the Government, than attempt to operate upon them by penal sanctions. This Union must be preserved by the tie of common interests or force. It is an objection to this bill that it is calculated to increase the jurisdic-informed the Senate that the House have passed tion of the federal courts. I would prefer to have it diminished. This federal judiciary is, to the people I represent, the most odious feature in the Government. It has been already very inconvenient and oppressive to them, and would have been much more so but for some late decisions of the Supreme Court of the United States. These decisions have very much lessened the evil. Certain circumstances which have transpired within the last two years awakened my attention to the subject of union, and the general course of policy, in the internal administration of our Government, which ought to be pursued to preserve it. My reflections have convinced me that we must, as far as the Constitution will authorize, restrain the consolidating principle. This Government should interfere as little as possible with the interior of the States. To them must be left the cognizance of such offences of an inferior grade as may require the corrective hand of Government. This Government must act on a more The Senate resumed, as in Committee of the elevated theatre. Its attention must be directed Whole, the amendments to the bill, entitled "An principally to national objects. If it is necessary act to incorporate the Trustees of the Baptist to give it more energy, it must be done, not by Church in the City of Washington;" and after increasing its agency in the interior, but by giv-progress, on motion, by Mr. BRADLEY, the further ing it a physical force, which will enable it to consideration of the bill was postponed until tohold the vulnerable points and command the morrow. greater exterior of this extensive country. If the national consolidating principle is kept within its proper limits, and the federative character of the Government retained, I cannot foresee either the necessity or expediency of a severance of the States, although our population should expand to where the Missouri hides its head in the Rocky Mountains. The State governments are not only necessary rallying points against usurpation, but I believe the freedom and happiness of the people require that they should have, as exclusively as the nature of our Government can possibly permit, the control of their own citizens and the administration of their internal concerns.

The bill granting William Wells the right of pre-emption was read the second time. On the question, Shall this bill be engrossed and read the third time? it was determined in the affirmative. The two bills last brought up for concurrence were read, and ordered to the second reading.

Mr. POPE, from the committee to whom was referred, on the 19th instant, the resolution of the Legislature of the State of Kentucky on the subject, reported a bill for opening a road in the Indiana Territory; which was read, and ordered to the second reading.

FRIDAY, February 26.

The following Message was received from the
President of the United States:
To the Senate and House of

Representatives of the United States:

I enclose, for the information of Congress, letters reWhile I applaud the motives which dictated cently received from our Ministers at Paris and London, this measure, and feel with the honorable com- communicating their representations against the late demittee an ardent solicitude to punish traitors, and crees and orders of France and Great Britain, heretofore check the spirit of disunion, they must pardon me transmitted to Congress. These documents will confor believing that, in their patriotic zeal to pro- tribute to the information of Congress, as to the dismote the public good, they have mistaken the ex-positions of those Powers, and the probable course of tent of our powers as well as the means of attaining the object they have in view.

THURSDAY, December 25.

their proceedings towards neutrals, and will doubtless have their due influence in adapting the measures of the Legislature to the actual crisis.

Although nothing forbids the general matter of these letters from being spoken of without reserve, yet, as Mr. GREGG, from the committee, reported the the publication of papers of this description would reamendments to the bill, entitled "An act for the strain injuriously the freedom of our foreign corresponrelief of Edward Weld and Samuel Beebee," cor-dence, they are communicated so far confidentially, and

SENATE.

Proceedings.

FEBRUARY, 1808.

with a request that, after being read, to the satisfaction and referred to Messrs. MITCHILL, SMITH of Maryof both Houses, they may be returned.

FEBRUARY 26, 1808.

TH. JEFFERSON.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate and House of

Representatives of the United States:

The dangers to our country, arising from the contests of other nations, and the urgency of making preparation for whatever events might affect our relations with them, have been intimated in preceding messages to Congress. To secure ourselves by due precautions, an augmentation of our military force, as well regular as of volunteer militia, seems to be expedient. The precise extent of that augmentation cannot as yet be satisfactorily suggested; but that no time may be lost, and especially at a season deemed favorable to the object, I submit to the wisdom of the Legislature whether they will authorize a commencement of this precautionary work, by a present provision for raising and organizing some additional force, reserving to themselves to decide its ultimate extent on such views of our situation as I may be enabled to present at a future day

of the session.

If an increase of force be now approved, I submit to their consideration the outlines of a plan proposed in the enclosed letter from the Secretary of War.

I recommend, also, to the attention of Congress, the term at which the act of April 18, 1806, concerning the militia, will expire, and the effect of that expiration. TH. JEFFERSON.

FEBRUARY 25, 1808.

The Message and papers therein mentioned were read, and referred to Messrs. GILES, SUMTER, SMITH of Maryland, BRADLEY, and ADAMS, to consider and report thereon.

A message from the House of Representatives informed the Senate that the House of Representatives concur in the resolution of the Senate for the appointment of a joint committee on the arrangements for the library, and have appointed a committee on their part.

Mr. GREGG, from the committee, reported the amendments to the bill, entitled "An act to allow the importation of old copper free of duty," correctly engrossed. The bill was read the third time; and the title having been amended, by adding, after "copper," "saltpetre and sulphur,"

land, and ADAMS, to consider and report thereon. The bill for opening a road in the Indiana Territory was read the second time, and ordered to lie for consideration.

MONDAY, February 29.

Mr. ANDERSON, from the committee to whom was referred the bill, entitled "An act making aptablishment of the United States for the year propriations for the support of the Military Es1808," reported it without amendment, and the bill was ordered to the third reading.

Mr. MITCHILL, from the committee to whom was referred the bill, entitled "An act for extending the terms of credit on revenue bonds, in certain cases, and for other purposes," reported the bill without amendment.

The Senate resumed the second reading of a bill for opening a road in the Indiana Territory; and, after debate, the further consideration of the bill was postponed.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for procuring an additional number of arms; also, a bill, entitled "An act remitting the duties payable on the importation of a monument to be erected in memory of the offithe attack made on the city of Tripoli, in the year cers of the United States Navy, who fell during 1804;" in which they request the concurrence of

the Senate.

The bills were read, and ordered to the second reading.

Mr. GILES, from the committee to whom was referred, on the 26th instant, the Message of the President of the United States, of that date, on the subject, reported, in part, a bill authorizing the President of the United States to raise an additional military force; which was read, and ordered to the second reading.

On motion, by Mr. SMITH, of Maryland, it was agreed, by unanimous consent, that the bill, entitled "An act remitting the duties payable on the importation of a monument to be erected in memory of the officers of the United States Navy, who fell during the attack made on the city of Tripoli, in the year 1804," be now read the second time.

Ordered, That it be referred to Messrs. SMITH of Maryland, KITCHEL, and FRANKLIN, to consider and report thereon.

On motion, by Mr. ANDERSON, it was agreed that the bill for the punishment of treason and other crimes and offences against the United States, be postponed until to-morrow.

Resolved, That this bill pass with amendments. Mr. GREGG, from the committee, reported the bill granting William Wells the right of preemption, correctly engrossed. The bill was read the third time; and the blank being filled with the words "six hundred and forty," it was passed. On motion, by Mr. BRADLEY, it was agreed that The bill, entitled "An act making appropria- the bill, entitled "An act to incorporate the Trustions for the support of the Military Establishment tees of the Baptist Church, in the City of Washof the United States for the year 1808," was readington," be postponed until to-morrow. the second time, and referred to Messrs. ANDERSON, BAILEY, and FRANKLIN, to consider and report thereon.

The bill, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes," was read the second time

TUESDAY, March 1.

The bill authorizing the President of the United States to raise an additional military force, was read the second time.

Impressment of American Seamen.

Ordered, That the papers directed to the Secretary of the Senate, and which were taken as testimony in the case of JOHN SMITH, of Ohio, commencement of the war, and that nine hundred and be referred to a select committee, to examine and thirty-six of this number had been discharged, leaving report thereon, and that Messrs. ANDERSON, AD-in that service three thousand two hundred and ninetyAMB, and TIFFIN, be the committee.

Proceedings.

ditional military force; and, after progress, ad- closed, in the case of JOHN SMITH, a Senator from journed. the State of Ohio; and the letters were read. On motion, by Mr. GREGG,

The Senate resumed, as in Committee of the Whole, the second reading of the bill to amend the act, entitled An act to establish circuit courts, and abridging the jurisdiction of the disThe Senate resumed, as in Committee of the trict courts of the districts of Kentucky, TennesWhole, the second reading of the bill authorizing see, and Ohio:" and the report of the select comthe President of the United States to raise an ad-mittee having been amended, was agreed to; and ditional military force; and, after debate, the bill was referred to the committee who reported it, further to consider and report thereon.