bill, entitled "An act extending the powers of the Surveyor General to the Territory of Louisiana, and for other purposes;" and on the question to agree to the final passage of this bill, it was determined in the affirmative-yeas 15, nays 11, as follows: YEAS-Messrs Anderson, Baldwin, Condit, Fenner, Howland, Kitchel, Maclay, Mitchill, Smith of New York, Smith of Tennessee, Stone, Sumter, Turner, and Worthington. NAYS-Messrs. Adair, Adams, Bayard, Bradley, Gilman, Hillhouse, Pickering, Plumer, Smith of Maryland, Smith of Vermont, and Wright. So it was Resolved, That this bill do pass. The bill for classing the militia and assigning to each class its particular duties, was read the third time; and on motion to amend this clause of the bill and be subject to the rules, regulations, and articles, provided for the government of the same," to read as follows: "And be subject to the rules to be provided for the government of the Militia" it passed in the negative. On motion to agree to the final passage of the bill as amended, it passed in the negative-yeas 8, nays 19, as follows: YEAS-Messrs. Adair, Smith of Maryland, Smith of Ohio, Smith of Vermont, Thruston, Turner, Worthington, and Wright. NAYS-Messrs. Adams, Anderson, Baldwin, Bradley, Condit, Fenner, Gaillard, Gilman, Hillhouse, Kitchel, Logan, Maclay, Mitchill, Pickering, Plumer, Smith of New York, Smith of Tennessee, Stone, and Sumter. So the bill was lost. Mr. KITCHEL, from the committee to whom was referred, on the 19th instant, the bill, entitled "An act declaring the town of Jersey, in the State of New Jersey, to be a port of delivery, and for erecting a light house on Wood Island or Fletcher's Neck. in the State of Massachusetts," reported the bill without amendment. The Senate resumed the motion made on the 24th instant, "that a committee be appointed jointly, with a committee to be appointed by the House of Representatives, for the purposes expressed in the act, entitled 'An act for the further support of the library," and the motion was adopted; and Ordered, That Messrs. MITCHILL, BALDWIN, and ADAMS, be the committee on their part. SENATE. Ordered, That it pass to the third reading as amended. Mr. LOGAN, from the committee to whom was referred, on the 3d instant, the bill for the punishment of counterfeiting the current coin of the United States, and for other purposes, reported the bill without amendment. The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act for the relief of Philip Nicklin and Robert Eaglesfield Griffith." And on the question, Shall this bill pass to the third reading? it was determined in the negative. So the bill was lost. A message from the House of Representatives informed the Senate that the House agree to the amendments of the Senate to the bill, entitled "An act for altering the time for holding the circuit court in the district of North Carolina," with an amendment, in which they desire the concurrence of the Senate. They have passed a bill, entitled "An act enabling the President of the United States to make restitution to the Government of Denmark for the capture and condemnation of the Danish brigantine, called the Henrick, and her cargo;" in which they desire the concurrence of the Senate. The bill last mentioned was read, and ordered to the second reading. The Senate took into consideration the amend ment of the House of Representatives to the amendments of the bill, entitled "An act for alterering the time for holding the circuit court in the district of North Carolina," and agreed thereto. Mr. MITCHILL, from the committee appointed on the subject, submitted to the consideration of the Senate, a report on those parts of the memorials from the merchants of New York, and the Chamber of Commerce in New Haven, which relate to providing a further naval armament for the public defence, as follows: "In addition to the strong reasons urged in those two memorials, the committee refer to the President's Message of the third day of December last, informing Congress that considerable provision had been made under former authorities, of materials for constructing ships of war, that these were on hand, and subject to the will of the Legislature; and to two communications from the Secretary of the Navy, dated December 16th and 21st, 1805, giving information that large supplies of timber, cannon, copper, and other valuable materials for that object, had been already bought and paid for. "Calculating the moderate appropriation which will be required to augment, to a very respectable degree, the naval force of the nation; contemplating the insults coasts, and at the very mouths of our most frequented and depredations, committed by foreigners near our harbors; and estimating the protection and security to the territory of the nation, and to the persons and property of its citizens, by an enlargement of the means of maritime defence, the committee recommend an adoption of the following resolution, to wit: "That it is expedient to make provision by law for the appropriation of any balance which may remain unexpended of the Mediterranean fund, to the purpose of building ships-of-the-line, under the direction of the SENATE. Proceedings. FEBRUARY, 1806. President of the United States, agreeably to the pro- to whom was referred, on the 31st of January last, visions of the act of February 25, 1799." The bill, entitled An act enabling the President of the United States to make restitution to the Government of Denmark for the capture and condemnation of the Danish brigantine, called the Henrick, and her cargo," was read the second time, and referred to Messrs. BRADLEY, BALDWIN, and MITCHILL, to consider and report thereon. the bill for the protection and indemnification of American seamen, reported it with amendments; which were read, and ordered to lie for consideration." A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to continue in force an act, entitled 'An act to authorize the Secretary of War to issue land warrants, and for other purposes;" also a bill, entitled "An act for the relief of Peter Landais;" in which bills they desire the concurrence of the Senate. The two bills last brought up for concurrence were read, and ordered to the second reading. The following motion was submitted for consideration: day next, move for leave to bring in a bill to inMr. LOGAN gave notice that he should, on Moncorporate a National Academy, Mr. GAILLARD, from the committee to whom The Senate resumed, as in Committee of the Whole, the bill for the punishment of counterfeit-"An act declaring the consent of Congress to an was referred, on the 11th instant, the bill, entitled ing the current coin of the United States, and for act of the State of South Carolina, passed on the other purposes; and on motion to strike out the twenty-first day of December, in the year one fourth section of the bill, as follows: thousand eight hundred and four, so far as the same relates to authorizing the City Council of Charleston to impose and collect a duty on tonnage of vessels from foreign ports," reported the bill without amendment. SEC. 4. And be it further enacted, That if any person shall falsely make any kind of gold or silver coins counterfeit to, or intended to resemble foreign gold or silver coins, which shall not by law be made current money within the United States, with an intent to utter or make payment with the same, by merchandising or otherwise; or who shall utter any foreign coins of gold or silver, counterfeit to, or intended to resemble the foreign gold or silver coins aforesaid, knowing the same to be counterfeit; every such person shall be deemed guilty of a high misdemeanor, and upon conviction thereof, according to due course of law, shall forfeit and pay dollars, one moiety thereof to the use of the United States, and the other moiety to the use of the person or persons who shall sue for the same; and, moreover, shall be imprisoned not exceeding years." It passed in the affirmative-yeas 17, nays 11, as follows: YEAS-Messrs. Adams, Anderson, Baldwin, Condit, Fenner, Gilman, Howland, Kitchel, Mitchill, Moore, Pickering, Smith of Maryland, Smith of New York, Smith of Tennessee, Thruston, White, and Wright. NAYS-Messrs. Bayard, Bradley, Hillhouse, Logan, Maclay, Plumer, Smith of Vermont, Stone, Sumter, Turner, and Worthington. And the bill having been reported to the House, it was ordered to the third reading, as amended. Mr. SUMTER, from the committee to whom was referred, on the 13th of January last, the bill, entitled "An act for establishing rules and articles for the government of the armies of the United States," reported amendments thereto; which were read, and ordered to lie for consideration. Mr. SMITH, of Maryland, from the committee The bill, entitled "An act for the relief of Peter Landais," was read the second time, and referred to Messrs. MITCHILL, SMITH of Maryland, and BALDWIN, to consider and report thereon. On motion, it was agreed that the report of the select committee recommending additional fortifications, and other means of defence, for the city and harbor of New York, for Charleston, and other places, be made the order of the day for Monday next. The bill, entitled "An act to continue in force an act, entitled 'An act to authorize the Secretary of War to issue land warrants, and for other purposes," was read the second time, and referred to Messrs. WORTHINGTON, KITCHEL, and BALDWIN, to consider and report thereon. The bill for the punishment of counterfeiting the current coin of the United States, and for other purposes," was read the third time, and the further consideration of the bill postponed. The Senate resumed the second reading of the bill, entitled "An act declaring the town of Jersey, in the State of New Jersey, to be a port of delivery; and for erecting a light-house on Wood Island, or Fletcher's Neck, in the State of Massachusetts." Ordered, That this bill pass to a third reading. The Senate proceeded to consider, as in Committee of the Whole, the amendments reported by the select committee to the bill for the protection MARCH, 1806. Privileges of Foreign Ministers. and indemnification of American seamen; and, having progressed therein so far as to strike out all the original bill except the enacting clause. and having disagreed to the first section reported by the special committee as a substitute, Ordered, That the bill, together with the remaining part of the amendments reported, be recommitted to Messrs BAYARD, SMITH of Maryland, BALDWIN, ADAMS, BRADLEY, MITCHILL, and PICKERING, further to consider and report thereon. MONDAY, March 3. Mr. BRADLEY, from the committee to whom was referred, on the 11th of February last, a bill, entitled "An act declaring the assent of Congress to an act of the General Assembly of the State of North Carolina, together with certain resolutions submitted the 19th day of December last, reported, in part, "A bill to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described; and to settle claims on the vacant and unappropriated lands within the same;" and the bill was read, and ordered to the second reading. A message from the House of Representatives informed the Senate that the House agree to the amendments of the Senate to the bill, entitled "An act to extend jurisdiction in certain cases to State judges and State courts;" with amendments, in which they desire the concurrence of the Senate. The Senate proceeded to consider the amend ments to the amendments on the bill last men tioned; and they were referred to Messrs. BALDWIN, MITCHILL, and TRACY, to consider and report the reon. Ordered, That the bill, entitled "An act prohibiting for a limited time the exportation of arms and ammunition from the United States and the territories thereof," be the order of the day for Monday next. The bill, entitled "An act relating to bonds given by marshals," was read the third time as amended, and passed. PRIVILEGES OF FOREIGN MINISTERS. The Senate resumed, as in Committee of the Whole, the amendment reported by the select committee to the bill to prevent the abuse of the privileges and immunities enjoyed by foreign Ministers within the United States. SENATE. striking light which may render it the most effectual. By the laws of nations, a foreign Minister is entitled, not barely to the general security and protection which the laws of every civilized people extend to the subjects of other nations residing among them. He is indulged with many privileges of a high and uncommon nature-with many exemptions from the operation of the laws of the country where he resides, and, among others, with a general exemption from the jurisdiction of the judicial courts, both civil and criminal. This immunity is, in respect to the criminal jurisdiction, without limitation; and an Ambassador, though guilty of the most aggravated crimes of which the heart of man can conceive or his hand commit, cannot be punished for them by the tribunals of the Sovereign with whom he resides. Should he conspire the destruction of the constitution or government of the State, no jury of his peers can there convict him of treason. Should he point the dagger of assasination to the heart of a citizen, he cannot be put to plead for the crime of murder. In these respects he is considered as the subject, not of the State to which he is sent, but of the State which sent him, and the only punishment which can be inflicted on his crimes is left to the justice of his master. In a republican Government, like that under which we have the happiness to live, this exemption is not enjoyed by any individual of the nation itself, however exalted in rank or station. It is our pride and glory, that all are equal in the eyes of the law; that, however adorned with dignity, or armed with power, no man owing allegiance to the Majesty of the nation can screen himself from the vindictive arm of her justice; yet, even the nations whose internal constitutions are founded upon this virtuous and honorable principle of equal and universal rights, have, like all the rest, submitted to this great and extraordinary exception. In order to account for so singular a deviation from principles in every other respect deemed of the highest moment and of the most universal application, we must inquire into the reasons which have induced all the nations of the civilized world to this broad departure from the fundamental maxims of their government. The most eminent writers on the laws of nations have at different times assigned various reasons for this phenomenon in politics and morals. Mr. ADAMS.-There are two points of view, Mr. It has sometimes been said to rest upon fictions of President, in which it appears to me to be import- law. The reasoning has been thus: every Soverant that the provisions of this bill should be con eign Prince is independent of all others, and as sidered-the one as they relate to the laws of na-such cannot, even when personally within the tertions, and the other as they regard the Constitution of the United States. From both these sources have arisen inducements combining to produce conviction upon my mind of the propriety, and indeed the necessity, of some measure similar, in principle to that which I have had the honor to propose. I shall take the liberty to state them in their turns, endeavoring to keep them as distinct from each other as the great and obvious difference of their character requires, and that their combination on this occasion may appear in the ritories of another, be amenable to his jurisdiction. An Ambassador represents the person of his master, and therefore must enjoy the same immunities. But this reasoning cannot be satisfactory; for, in the first place, a foreign Minister does not necessarily represent the person of his master-he represents him only in his affairs; and besides representing him he has a personal existence of his own, altogether distinct from his representative character, and for which, on the principles of common sense, he ought, like every other individ SENATE. Privileges of Foreign Ministers. MARCH, 1806. ual, to be responsible. At other times, another said thus much on this subject, because I have fiction of law has been alleged, in this manner: heard in conversation these legal fictions alleged the foreign Minister is not the subject of the State against the adoption of the bill on your table, and to which he is sent, but of his own Sovereign: he because they may perhaps be urged against it here. is therefore to be considered as still residing within But it is neither in the fiction of exterritoriality, the territories of his master, and not in those of nor in that of personal representation, that we are the Prince to whom he is accredited. But this to seek for the substantial reason upon which the fiction, like the other, forgets the personal exist-customary law of nations has founded the extraence of the Minister.* It is dangerous, at all times, ordinary privileges of Ambassadors; it is in the to derive important practical consequences from nature of their office, of their duties, and of their fictions of law, in direct opposition to the fact. If situation. the principle of personal representation, or that of By their office, they are intended to be the meexterritoriality annexed to the character of a for- diators of peace, of commerce, and of friendship, eign Minister be admitted at all, it can in sound between nations; by their duties, they are bound argument apply only to his official conduct-to to maintain with firmness, though in the spirit of his acts in the capacity of a Miuister, and not to conciliation, the rights, the honor, and the interhis private and individual affairs. The Minister ests of their nation, even in the midst of those who can represent the person of the Prince, no other- have opposing interests, who assert conflicting wise than as any agent or factor represents the rights, and who are guided by an equal and adperson of his principal; and it would be an ill verse sense of honor; by their situation they would, compliment to a Sovereign Prince to consider him without some extraordinary provision in their as personally represented by his Minister in the favor, be at the mercy of the very Prince against commission of an atrocious crime. Another ob- whom they are thus to maintain the rights, the honjection against this wide-encroaching inference or, and the interest of their own. As the Ministers from the doctrine of personal representation, is, of peace and friendship, their functions are not only that it is suitable only to Monarchies. The Min- of the highest and most beneficial utility, but of ister of a King may be feigned to represent in all indispensable necessity to all nations having any respects the person of his master, but what person mutual intercourse with each other. They are can be represented by the Ambassador of a Re- the only instruments by which the miseries of war public? If I am answered, the moral person of the can be averted when it approaches, or terminated nation, then I reply, that can be represented by no when it exists. It is by their agency that the preindividual, being itself a fiction in law, incapable judices of contending nations are to be dissipated— of committing any act, and having no corporeal that the violent and destructive passions of naexistence susceptible of representation. I have tions are to be appeased-that men, as far as their nature will admit, are to be converted from butchIt is manifest, that, if exterritoriality were to beers of their kind, into a band of friends and broallowed to Ministers, in the whole extent of the term, thers. It is this consideration, sir, which, by the it would entitle them to many rights which they certainly have not: on the other hand, the privileges al- common consent of mankind, has surrounded with lowed them extend far beyond what the universal law sanctity the official character of Ambassadors; it of nations prescribes in their favor on this ground. Both is this which has enlarged their independency to these positions will be proved hereafter, and also that such an immeasurable extent; it is this which has this extremely loose notion of exterritoriality is not loosed them from all the customary ties which always sufficient to ascertain the rights to which a Min- bind together the social compact of common rights ister may pretend.-Martens' Summary of the Modern and common obligations. Law of Nations, book 7, chap. 5. The representative character of the Ambassador is the sign of representation of the Sovereign who sends, addressed to the Sovereign who receives the Minister. Ambassadors being natually the mandatories of the Prince by whom they are sent, the representative character, by the law of nature, consists in the power of transacting any public business in the name and right of the Sovereign, by whom they are sent, with another Sovereign Power: consequently, by the law of nature, an Ambassador is not as it were the same moral person as he who sends him, so as to be the same as if his master himself were present; nor is the Prince to whom he is sent bound to consider him as his equal. And as there is no necessity, either for the transaction of business or for the dignity of the sender, which may be preserved without it, of that representative character which consists in the power of representing the person of the sender, neither is the representative character, when stretched beyond the rules of natural law, any part of the voluntary law of nations: and, consequently, if introduced by usage, it is part of the customary law; if by treaty, part of the conventional law of nations. Where But immunities of a nature so extraordinary cannot, from the nature of mankind, be frequently conferred, without becoming liable to frequent abuse. Ambassadors are still beings subject to the passions, the vices, and infirmities of man. However exempted from the danger of punishment, they are not exempt from the commission of crimes. Besides their participation in the imperfections of humanity, they have temptations and opportunities peculiar to themselves, to transgressions of a very dangerous description, and a very aggravated character. While the functions of their office place in their hands the management of those great fore, the consequences derived from this character respecting Ambassadors belong neither to the law of nature nor to the voluntary law of nations, much less do they sanction the gratuitous additions by which they are amplified. Hence, no nation is bound to acknowledge them, unless in consequence of express stipulation. Wolf. Institutes of the Law of Nature and Nations, part 6, chap. 10, sec. 1242. MARCH, 1806. Privileges of Foreign Ministers. controversies, upon which whole nations are wont to stake their existence; while their situations afford them the means, and stimulate them to the employment of the base but powerful weapons of faction, of corruption, and of treachery, their very privileges and immunities concur in assailing their integrity by the promise of security, even in case of defeat-of impunity, even after detection. The experience of all ages and of every nation has therefore pointed to the necessity of erecting some barrier against the abuse of those immunities and privileges, with which foreign Ministers have at all times and everywhere been indulged. In some aggravated instances the rulers of the State where the crime was committed have boldly broken down the wall of privilege under which the guilty stranger would fain have sheltered himself, and in defiance of the laws of nations have delivered up the criminal to the tribunals of the country for trial, sentence, and execution; at other times the popular indignation, by a process still more irregular, has, without the forms of law, wreaked its vengeance upon the perpetrators of those crimes, which otherwise must have remained unwhipped of justice. Cases have sometimes occurred when the principles of self-preservation and defence have justified the injured Government, endangered in its vital parts, in arresting the person of such a Minister during the crisis of danger, and confining him under guard until he could with safety be removed. But the practice which the reason of the case and the usage of nations has prescribed and recognised, is, (according to the aggravation of the offence,) to order the criminal to depart from the territories whose laws he has violated, or to send him home, sometimes under custody, to his Sovereign; demanding of him that justice, reparation, and punishment, which the nature of the case requires, and which he alone is entitled to dispense. This power is admitted by the concurrent testimony of all the writers on the laws of nations, and has the sanction of practice equally universal. It results, indeed, as a consequence absolutely necessary from the independence of foreign Ministers on the judicial authority, and is perfectly reconcilable with it. As respects the offended nation, it is a measure of selfdefence, justified by the acknowledged destitution of every other remedy. As respects the offending Minister, it is the only means of remitting him for trial and punishment to the tribunals whose jurisdiction he cannot recuse; and as respects his Sovereign, it preserves inviolate his rights, and at the same time manifests that confidence in his justice which civilized nations living in amity are bound to place in each other.* * It seems it may be said on this subject that there is no case in which the ordinary tribunals can extend their jurisdiction over public Ministers, and this with the more confidence, as I find it is the opinion of Grotius. This is incontestable with regard to common offences; and as for crimes of State, wherein the Ambassador violates the laws of nations-particularly if he attempt the life of the Prince to whom he is sent-the Sovereign alone, or the Council of State in his behalf, SENATE. On these principles, thus equitable and moderate in themselves, and thus universally established, is founded every provision of the bill before you, so far as it implicates the law of nations. I have been fully aware that, although by the Constitution of the United States Congress are authorized to define and punish offences against the law of nations, yet this did not imply a power to innovate upon those laws. I could not be ignorant that the Legislature of one individual in the great community of nations has no right to prescribe rules of conduct which can be binding upon all; and therefore, in the provisions of this bill, it was my primary object not to deviate one step from the worn and beaten path-not to vary one jot or one tittle from the prescriptions of immemorial usage and unquestioned authority. In consulting for this purpose the writers, characterized by one of our own statesmen in a pamphlet recently laid on our tables, as "the luminaries and oracles to whom the appeal is generally made by nations who prefer an appeal to law rather than to power," I found that they distinguished the offences which may be committed by foreign Ministers into two kinds*-the one against can take cognizance of it—can arrest the traitor in his house, and afterwards send him with the proofs to the Prince his master for punishment.- Wiquefort's Ambassador, book 1, sec. 29. Princes sometimes oblige Ministers to depart from escort. their dominions, and send them away under an armed Mendoza, Ambassador of Spain, and the Bishop of Ross, Queen Elizabeth caused Don Bernardin de Ambassador from the Queen of Scots, to be shipped off. Louis XIV. of France sent under guard to the frontiers of Savoy a Nuncio from the Pope. The King of Portugal dismissed in like manner a Minister from the Pope in 1646. And in 1659, under Cardinal Mazarin, the Resident from the Elector of Brandenburg was ordered to quit the kingdom, and afterwards put into the Bastile, whence he was taken, sent to Calais in custody, and there embarked. In 1667 the Queen Regent of Spain ordered the Archbishop of Embrun, Ambassador to Spain, to withdraw, and would not suffer him to wait in Madrid for the letters which he expected to receive by the first courier. All he could obtain was to stop at Alcala until their arrival, and there he received them.Wiquefort, book 1, sec. 30. Power except that by which he is sent, and of conseAn Ambassador ought to be independent of every laws of that nation wherein he is to exercise his funcquence ought not to be subject to the mere municipal tions. If he grossly offends, or makes an ill use of his character, he may be sent home and accused before his master, who is bound either to do justice upou him or avow himself the accomplice of his crimes.-Christian's Blackstone, vol. 1, p. 253. See also Montesquieu, Sp. L. 26, 21. * Suppose an Ambassador guilty of a crime deserving punishment in a court of justice, where then is he to be accused and punished? In this question we must distinguish between two sorts of crimes of which an Ambassador may have been guilty. Either he has simply committed an offence, injurious to civil society and the public tranquillitysuch as homicide, adultery, or almost any other of the common crimes, as they may be termed-or he has |