Friday, November 15.
Indian Affairs.
Mr. Rhea proposed the following resolution for adoption:
"Resolved, That the Committee on Indian Affairs be instructed to inquire into the expediency of extending the laws of the United States over those parts of the States and Territories of the United States, to which the Indian title is not extinguished, in such manner as that all white persons residing within any of the said parts of the United States may and shall be liable to the operation of those laws."
Mr. R. added, that if the petitions which had this morning been presented by the gentleman from North Carolina had been read, the necessity of taking some measure similar to the one which he proposed, would have been evident to every member of the House, as the Indian countries are become an asylum for persons guilty of every enormity.
Mr. Pickens stated, that if any doubt existed as to the propriety of passing this resolution, he would call for the reading of the petitions which he had presented.
Mr. Wright had some doubts whether the laws of the United States did not at present extend to cases of this kind, and wished the resolution to lie on the table until the subject could be looked into.
Mr. Bibb said, a case had lately occurred in the State of Georgia, which showed the necessity of some farther provision on this subject. A murder of a most atrocious kind had been committed within the Indian country; the parties were taken near the spot, and brought before the federal authority in Georgia; and upon a question of jurisdiction, the judges decided that the court had no authority in the case. In a similar instance, the offenders were brought before the State authorities, which determined in the same way, and the offenders, of course, were in both cases discharged.
Mr. Grundy was of opinion that the United States courts had, at present, complete jurisdiction of all criminal cases which might arise within the Indian boundary, the case cited by the gentleman from Georgia notwithstanding; but he supposed the object of this resolution was to supply the defects of the law at present in civil cases.
Mr. Poindexter had no doubt but the courts of the United States had jurisdiction of criminal offences, committed within the Indian boundary. Congress, at their first session, made provision for the punishment of offenders charged with murder, piracy, &c., committed on the high seas or without the territory of the United States. But the difficulty suggested by the gentleman from Tennessee existed. Persons who have committed petty offences and debtors go over to the Indian territory, where the law cannot reach them. He doubted whether the resolution was calculated to reach this object, and therefore wished it to lie on the table that it might be amended.
Mr. Rhea hoped he might be permitted to judge for himself whether the resolution which he had offered was calculated to accomplish the object which he had in view. His colleague had intimated that the laws, at present, extend to criminal offences, though the gentleman from Georgia had stated a case in which the judges had determined otherwise. This shows, at least, that the law wants revision, not only with respect to criminal, but civil matters. He had drawn the resolution in the most general terms.
Mr. Bibb could not conceive how the judges of the Federal Court, in the case he had cited, could have decided as they did with the law which had been referred to before them. Perhaps it might have arisen from a clause of the constitution, which directs that jurors shall be drawn from the district where the offence is committed.
The resolution was laid on the table.
Domestic Manufactures.
Mr. Rhea called up for consideration the resolution which he laid upon the table yesterday, proposing an additional duty on coarse hemp and flax.
The resolution was considered, and, on motion, the words "and cotton," were added to it, by consent of the mover.
Mr. Grundy observed, that several detached resolutions for the encouragement of domestic manufactures had been offered to the House. He wished the adoption of a proposition which should include all the manufactures of the country. He hoped the present motion might lie on the table for a few days, until such a proposition could be prepared. It is, said he, an object of great magnitude, when we consider the vast sums of money which have lately been vested in establishments of this kind; and the present is a favorable moment for adopting some measures to give our manufactures countenance and support.
Mr. Rhea could not agree to the proposed postponement. He should never obtain his object, if he were to agree to one postponement after another. His colleague could, at any time, submit his proposition, without hindering the progress of the one he had introduced.
After some conversation as to the propriety of discussing this proposition in the House,
The Speaker decided, that though there is a rule of the House which says that all propositions for laying a tax shall be discussed in Committee of the Whole; this resolution, in his opinion, did not come within that rule, as it was merely an instruction to a committee to inquire into the expediency of laying an additional tax.
The motion, for laying the proposition on the table, was carried, 51 to 47.
American Seamen.
Mr. Milnor rose, and observed there was no topic more important than the protection of American seamen, and yet he believed it would be acknowledged by all who have given consideration to the subject, that our laws on this subject are materially defective. The object of these laws ought to be twofold; in the first place, for the protection of bona fide American citizens, and secondly, for the prevention of the abuse of those protections by citizens of other countries not entitled to them. It will be recollected, that the act for relief of American seamen makes it the duty of the collectors to furnish certificates of citizenship in the manner therein directed; but, owing to an error of Congress, no manner is prescribed; and, of course, the collectors have been left to accept of such proof as they deemed sufficient, or to act under the directions of the Secretary of the Treasury, which, in most instances, is an unsafe way of proceeding. The penal laws of the United States provide no punishment for the crime of perjury in these cases. A recent instance, Mr. M. said, had occurred in the district which he represented. An Italian, not twenty days in the country, appeared before a notary public, claiming the rights of an American seaman. He made the necessary oaths, and produced a sponsor who swore that he was born in Baltimore. The tongue of the man detected the falsehood. The collector, with that attention to his duty for which he is so remarkable, had both seaman and sponsor apprehended. The attorney for the district looked into the case, and found the crime of perjury to be, the falsely taking an oath according to the laws of the United States; but, as the law was defective, as above stated, the offence was not perjury. The Attorney-General confirmed this opinion. The offenders, therefore, escaped punishment. He believed other amendments might be usefully made to the law on this subject. He concluded by offering the following resolution for adoption, which was agreed to:
"Resolved, That a committee be appointed to inquire and report whether any, and what amendments are necessary to the laws of the United States relating to the protection of American seamen; and that the committee have leave to report by bill or otherwise."
Mr. Milnor, Mr. Little, Mr. Reed, Mr. Bassett, and Mr. Pitkin, were appointed the committee.