Co R\). 595 HISTORY of CONGRESS

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Co R\). 595 HISTORY of CONGRESS \0 rtY\Y\o..\s o~ Co r\). 595 HISTORY OF CONGRESS. 596 597 H. OF R. Case 0/ .Tonathan Robbins. MARCH, 1800. ingston, Nathaniel Macon, Peter Muhlenberg, An­ Platt, John Randolph, Samuel Sewall, John Smilie, but he h thony New, John Nicholas, Joseph H. Nicholson, John John Smith, David Stone, Thomas Sumter, Benjamin not bee'n Randolph, John Smilie, John Smith, Samuel Smith, Taliaferro, George Thatcher, Abram Trigg, John Trigg, sive. FJ Richard Dobbs Spaight, Richard Stanford, David Stone, to shed Philip Van Cortlandt, Joseph B. Varnum, Peleg Wads­ tIlea~g-u Thomas Sumter, Benjamin Taliaferro, John Thomp. worth, and Robert Williams. son, Abram Trigg, John Trigg, Philip Van Cortlandt, N..l.Ys-Theodorus Bailey, Jonathan Brace, SllIlluel been ass Joseph B. Varnum, and Robert Williams. J. Cabell, Gabriel Christie, William Craik, John Den­ men of 1 N..l.Ys-George Baer, Bailey Bartlett, James A. Bay­ nis, George Dent. Joseph Eggleston, Thomas Evans, not thin ard, Jonathan Brace, John Brown, Christopher G. Samuel Goode, William Gordon, Edwin Gray, An­ voted to Champlin, William Cooper, William Craik, John drew Gregg, William Barry Grove, John A. Hanna, taiued il Davenport, Franklin Davenport, John Dennis, George Archibald Henderson, William H. Hill, James Jones, those a( Dent, Joseph Dickson, William Edmond, Thomas Aaron Kitchell, Matthew I.yon, James Linn, Abra­ ing to d Evans, Abiel Foster, Dwight Foster, Jonathan Free­ ham Nott, Harrison G. Otis, Robert Page, Josiah Par­ in supp maq.,Henry Glen, Cha cey Goodrich, Elizur Goodrich, ker, Thomas Pinckney, Leven Powell, John Reed, order in William Gordon, liam H. Hill, Henry Lee, Silas John Rutledge, jun., William Shepard, Samuel Smith, plied to VLee, James Linn, ohn Marshall, Abraham Nott, Har­ Richard Dobbs Spaight, Richard Stanford, Richard to main rison G. Otis, Robert Page, Josiah Parker, Thomas Thomas, John Thompson, Robert Wain, Lemuel Wil­ uuct of Pinckney, Jonas Platt, Leven Powell, John Reed, liams, aud Henry Woods. not jus John Rutledge, jun., Samuel Sewall, James Sheafe, The question was then before the House to William Shepard, George Thatcher, John Chew Tho­ it by th agree to the report of the Committee in their dis­ His I mas, Richard Thomas, Peleg Wadsworth, Robert Wain, agreement with the resolutions. Lemuel Williams, and Henry Woods. of Tho Mr. GALLATIN rose, and entered generally into comple The SPEAKER voted in the negative. the argument, in a speech ofabout two hours, after of Am The House then resol ved itself into a Commit­ which the House adjourned. into be tee on the Message, when Mr. BAYARD proceeded, Great] in answer to Mr. LIVINGSTON, in which he spoke FRIDAY, March 7. He ) about three hours. The Committee then rose. casus} and obtained leave to sit again. The amendments of the Senate to the bill declar­ having ing the assent of Congress to certain acts of the jurisdi THURSDAY, March 6. States of Maryland and Georgia were referred to ~aviilg the Committee of Revisal and Unfinished Busi­ bther, A message from the Senate informed the House ness. that the Senate have passed the bill, entitled .; An deman Mr. SPAIGHT, from the committee appointed for 'to the act declaring the assent of Congress to certain tllat purpose, reported a bilt to alter the times of acts of the States of Maryland and Georgia," with iwould holding the District Court of North Carolina; for trio an amendment; to which they desire the concur­ which was read a first and second time, and com­ rence of this House. " ThE mitted for Monday next. comm JONATHAN ROBBINS. Mr. HARPER presented a petition of about fifty navig; The House went into Committee of the Whole families, residing on a tract of territory ceded by His I on the Message of the President in the case of the State of South Carolina to the United States, witiliI JODathan Robbins, when Mr. NICflOLAS spoke stating that they had been left unprotected and un­ was ( about three hours in favor of the resolutions in­ acknowledged by any civil authority, and praying Great troduced by Mr. LIVINGSTON, which were nega­ to be placed under such government as Congress It i: tived-yeas 34, na ys 58. in their wisdom may see fit. Referred to a select by pr Some discussion then took place on taking up committee, to consider and report thereon. vided the resolution presE'Ilted by Mr. BAYARD, which JONATHAN ROBBINS. the hi was also with the Committee of the Whole The House took up the unfinished business of oftha House. The Committee at length rose without yesterday, and the question, Will the House agree jurist entering upon it, and reported their disagreement with the Committee of the Whole in their disa­ •. luan to the resolutions proposed by Mr. LIVINGSTON; •juris! greement to Mr. LIvtNGSTON'S resolutions? being and the question whether the Committee should under consideration. territ have leave to sit again was taken by yeas and Mr. MARSHALL said, that believing, as he did the v nays, and carried-yeas 59,nays 38, as follows: most seriously, that in a Government constituted oblig YEAs-Willis Alston, George Baer, Bailey Bartlett, like that of the United States, much of the public ". whe! This James A. Bayard, John Bird, Phanuel Bishop, John happiness depended, not only on its being rightly Brown, Robert Brown, C. G. Champlin, Matthew Clay, uuio administered, but on the measures of Administra­ John Condit, William Cooper, S. W. Dana, John Da­ ion, venport, Franklin Davenport, Thomas T. Davis, John tion being rightly understood-on rescuing public uati( opipion from those numerous prejudices with Dawson, Joseph Dickson, William Edmond, Abiel 180, Foster, Dwight Foster, Jonathan Freeman, Albert Gal­ which so many causes might combine to surround hav~ 'ty. latin, Henry Glen, Chauncey Goodrich, Elizur Good­ it, he could not but been highly r"ratified with , the rich, Roger Griswold, Robert Goodloe Harper. Joseph the very eloquent, and what was stil more valua­ , ter ble, the very able and very correct argument which Heister, David Hohnes, James H. Imlay, George Jack­ T son, John Wilkes Kittera, Henry Lee. Silas Lee, Mi­ .had been delivered by the gentleman from Dela­ chael Leib, Samuel .Lyman, Edward Livingston, Na­ ware (Mr. BAYARD) against the resolutions now part thaniel Macon, John Marshall, Peter Muhlenberg, An­ under consideration. He had not expected that 'of a thony New, John Nicholas, J oBeph H. Nicholson, Jonas the effect of this argument would be universal; :com 596 597 HISTORY OF CONGRESS. 598 lReH, 1800. MARCH, 1800. Case of Jonathan Robbins. H.oFR. rohn Smilie, but he .had cherished the hope, and in this he had tion in the universe; and consequently the opinion >:r, Benjamin not been disappointed, that it would be very exten­ of the world is, that a fleet at sea is within the ju­ John Trigg, sive. He did not flatter himself with being able risdiction of the nation to which it belongs. Bu­ P'eIegWads­ to §bed m.!Lcll. new li~LQ!Lt~ sUbj;r;t.j but, as therjorth, vol:ii. p. 491, says: "there can be no the argument In OppositIon to the reso utlOns had , doubt about the jurisdiction of a nation over the ."lIce, SllJIlueI been assailed with considerable ability by gentle­ , persons which compose its fleets, when they are ,John Den. men.oJ g.reaLta.l.e.u.l4-.pe trusted the House would , out at sea, whether they are sailin~ upon it or are .mas Evans, nciCthink t~e time misapplied which would be de­ , stationed in any particular part of it." Gray, An. voted to the reestablishment of the principles con­ The gentleman from Penns,ylvania, (Mr. GAL­ A. Hanna, tained in that argument, and to the refutation of LATIN,) though he has not directly controverted "flmes Jones, those ad vanced in opposition to ir. In endeavor­ this doctrine, has sought to weaken it by observ­ Linn, Abra­ Josiah Par- ing to do this, he should notice the observations ing that the jurisdiction of a nation at sea could John Reed, in support of the resolutions, not in the precise not be complete even in its own vessels; and in Ulue! Smith, order in which they were made; but as theyap­ support of this position he urged the a.dmitted rd, Richard plied to the different points he deemed it necessary practice of submitting to search for contraband­ .emueI WiI- to maintain, in order to demonstrate, that the con­ a practice not tolerated on land, within the territo­ duct of the Executive of the United States could ry of a neutral Power. The rule is as stated; but House to not justly be charged with the errors imputed to is f[)unded on a principle which does not affect the it by the resolutions. jurisdiction of a nation over its citizens or subjects 1 their dis­ His first proposition, he said, wa, that the case in its ships. The principle is, that in the sea Itself erally into of Thomas Nash, as stated to the President, was no nation has any jurisdiction. All may equally lours, after completely within the 27th article of the Treaty exercise their rights, and consequently the right of Amity, Commerce, and Navigation, entered of a belligerent Power to prevent aid beillg gi ven into between the United Statcs of America and to his enemy, is not restrained by any superior Great Britain. t- right of a neutral in the place. But, if this argu­ He read the article, and then observed: The ment possessed any force, it would not apply to bill declar­ calms frederis of this article.occurs, when a person, national ships-of-war, since the usage of nations acts of the having committed murder or forgery within the docs not permit them to be searched.
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