authorises me to condemn to the captors, in such ap case as the present. "To fight without command, is almost always The act gives them ships, considered in a soldier as fighting against comgoods, &c. afloat. This is a sum of money, which is mand, or against the prohibition." not exactly of that description of things." On this account, and another which he mentions, soldiers, who but a short time before so much disFor my own part I do not believe that our valiant he made the condemnation pass to the crown. (4 tinguished themselves at Fort Bowyer, would be Rob. 329.) considered with regard to this vessel as fighting In the course of argument in the case before me, without command. A fort so situated, on a narrow, the counsel for the military force at Mobile Point, barren, point of land, unconnected with any settle laid some stress on the observations of Sir William ment of moment, but commanding the entrance by Scott in the case of the Derdrecht, which was a water into an extensive and valuable country, must, case of joint capture between the army and navy, from the very nature of it, be considered as intendand where the judge seemed to admit that there ed to prevent the ingress of enemy's vessels; and it might be grounds for making the condemnation became the duty of the garrison stationed there, to partly to the benefit of the army, although the case guard the pass and to lay hold of every thing belongdid not come within the provisions of the act of ing to the enemy, whether the object could be acparliament, which directed the army to share, in complished by means of the guns at the fort or by son.c cases, in conjunction with the fleet. It has means of boats or other vessels attached to it. from hence been concluded, that a condemnation The only question then, which remains to be con. might have been made to the army under the law of sidered, is, have the laws of the United States givnations. It is possible however, that there are en to the military any share in prizes taken by other British statutes, besides the 33d of Geo. III. troops so circumstanced? It may be desirable that (the statute there referred to) under which the ar-they had done so. But this ground seems to be It is The my preferred its claim. It may have been built on abandoned by the counsel for the army. some royal proclamation: but that it could not have negative argument has indeed been raised on the A kind of been founded on the law of nations, or on any gene-55th article of the rules and articles of war. ral principles growing out of a system of nationa: said that this article confirms to the United States law, must surely be sufficiently apparent from the property taken in camps, &c. but not at sea. observations and authorities which have already words of the article in question are, that “ail public been brought into view. stores taken in the enemy's camp, towns, forts, or But the main stress seems to be laid on the con-magazines, whether of artillery, clothing, forage, or sideration that the duty of the army is to fight on provisions, shall be secured for the service of the the land that our troops are employed for that United States; for the neglect of which the comespecial purpose-that land forces are not required manding oflicer is to be accountable." Hence it is to fit out boats and go to sea, and that fortune ha-concluded, that if they be not public stores, or be ving thrown this prize in their way, it ought, on the not taken in the enemy's camp, towns, forts, or maprinciples of national law, to be condemned to their gazines; they are not to be appropriated to the gobenefit. The view, however, which has been alre.vernment, but belong to the captors. dy taken of the law of nations, and the objects to which it can apply, seems to take off the weight of tain any thing about the right of property, but The object of this article is clearly not to ascerthis argument. And how much soever one may re-merely to provide for the safe keeping of public gret that the gratification is not within the reach stores be onging to the enemy, and to render the of this court to be the medium of awarding a prize commanding officer responsible for any neglect reto the gallant defenders of fort Bowyer; it is its du- specting them. Had a prosecution been commenced ty not to interfere with the prerogatives of the le-against the officer cominanding at Fort Bowyer, for gislative or executive branches of the government; any inattention to the preservation of the cargo of and it must not be disguised, that if the troops at the schooner Active; this 38th article, possibly, (in-' the fort were not, as it seems to be alledged, under fasmuch as the property in question was not taken any obligation of noticing the approach or an enc-in the enemy's camp, towns, forts, or magazines) my, unless it were made on terra firma; if every might not have afforded a legal basis for the prosething done to obstruct or capture the enemy on the cution: but no fair deductio.. from it certainly can sea, wei e merely gratuitous, and beyond the line of ever be carried so far as to shew, that because the their duty, (a doctrine which those gallant men property captured was not expressly required by themselves most certainly never would advance,) this article to be secured for the United States, then their conduct in so transgressing their line of therefore, it must be regarded as the private produty, would rather stand in need of apology than of perty of the capio. exammed reward. "Soldiers (says Vattel p.367) can under- Whether it be so or not, must depend on esta take Lothing without order, either express or tacit, bished principles, and not on so very strained an of their officers. Obedience and execution are implication the theschare already been sufficiently their province. They are not to act from their own opinions. They are only instruments in the hands of their commanders. Let it be remembered here, property captured by the public force, the most unAo to the laws of the United States resperting that by a tacit order, I mean the substance of what terial is the act of the 2.d April, 1300, for the better is included in an express order or in the functions govenment of the navy. committed to us by a superior; and what is said of soldiers must also be understood of officers, and of scis and goods taken on board of them when adThis act gives to the captors the proceeds of vesall who have any subaltern command: thus with re-judged good prize. But this act is a law expressly spect to things the care of which is not committed for the government of the navy of the United States to them; they may both be compared to mere pri--and, indeed, it does not appear to be contended, vate persons, who are to undertake nothing without that it can by any rules of construction, be extended order. The obligation of the military is still more to the army. strict, as the laws of war forbid expressly acting without order: and this discipline is so necessary, rive their ri ht to appropriate to themselves the Private commissioned vessels, in like manner, dethat it scarcely leaves any thing to presumption. prizes Rey maks, fom the fact concerning letters of marque, prizes, and prize goods," passed on the 26th of June, 1812. constitution of government bears a very near resem. blance to our own; and (taking in the context,) that This act after stating the conditions on which au- the constitution of government now adopting, or setthority should be given to our vessels to capture the tling, in France, is a bad constitution or system. vessels and property of the enemy, proceeds to vest As to the first of these propositions, that a constithe same, when taken under such authority, in the tution cannot be well made all at once, it is of little owners, officers and crews of the vessels by which consequence as to the object which I have in view; prizes should be made. (Laws U. S. vol. 11, p. 243.)|or, the French have been more than 25 years formHad it been the intention of the government that ing their constitution; and, however mortifying it non-commissioned vessels should be entitled to the may be to some people, the laws of France, evea proceeds of prizes made, or that any persons in the while the Bourbons were on the throne, last year, employ of the United States, and no belonging towere, for the greater part, laws passed by the differ the navy or mines, should be entitled to te bene en national assemblies, or, as some would call them, fit of all enemy's property taken by them; it would the jacobins. I is a very great mistake to suppose surely have been natural that such intention should that Napoleon, either in his constitution or his code, have been expressed in these or some other legisla-began anew. He did little more than arrange, clastive acts. Moreover, indeed, it does not appear sify, reduce to order, and provide for enforcing the what occasion there could be to provide regulations laws, under whatever name, passed by the different and bonds for the government and good conduct of assemblies; and this was the cold, wäich the Bourvessels applying for commissions to inake prizes; if bons promised to adhere to and support. So that all vessels of any description were authorized to the constitution of France, as it now stands, has been take and to appropriate to their own use the proper- the work of 26 years, not only of study, but of expe•. ty of the enemy, merely because, as it hath been con-rience. It is very curious to hear so many persons tended, the fortune of war had thrown it in their abusing, or ridiculing, the French constitution, and, in almost the same breath, saying, that it is no more way. It has been stated that a case occurred in New than what the people had under Louis XVIII. This England soon after the war commenced, where a ves- looks a little like insincerity. sel, which had approached near to a fort of the U. It is, however, the alledged resemblance between States, was condemned for the benefit of the troops the English and American governments which is the by whom it was captured; and it is likewise urged most interesting object of examination at present; that libels have been filed in behalf of military cap- though it will, before I conclude, be necessary to tors in the federal court of the state of Louisiana. see a little what resemblance that of France bears As to the former case, it is only stated on a recollec- to each of the former governments. I take your tion, which I cannot help believing to be in this in- lordship to mean, of course, that there is a very near stance somewhat inaccurate: and as to the latter, resemblance between the English and American gohow much soever it may afford a precedent suffici- vernments as they really are in operation. Not as ent to justify a practitioner at the bar in putting in they are to be found in books written about constia claim; it can afford no precedent to justify a court tutions. What Montesquieu and De Llome and in sustaining it. In the whole view of the case, Blackstone and Paley and a long list of grave polititherefore, now before the court; it is adjudged and cal romance writers have published upon the subdecreed that the plea be over-ruled and dismissed, pect, we will leave wholly out of the question. Your with costs in court occasioned by the ples, and that lordship was talking, and so will I talk, of things the schooner Active and cargo be condemned as AS THEY ARE, and not as they ought to be; or as good and lawful prize to the United States. they are, from parrot-like habit suid to be. And, here my lord, I beg leave, once for all, to state, that FROM COBBETT'S WEEKLY REGISTER, JUNE 27, 1815. I am offering no opinions of my own upon this subject. Your lordship, according to the published reThis article was received too late to avoid an inter-port, says, that there is a near resemblance between ruption of the scries of Cubbett's writings. ED. REG.. [Revised at the office of the Democratic Press.] TO LORD GRENVILLE, the English and American governments. This fact On the Constitutions of England, Imerica, and France. MY LORD. In the published report of your speech I of the 24th of last month, on the subject of the war against France, we read the following passage: "AS! But, before I enter on my proofs of the negative of to new constitutions, he (lord Grenville) was firmly this your lordships proposition, permit me to ob of opinion, that a good constitution, could only be serve, for a moment, on the desire, which is so of formed by the adoption of remedies, from time to ten discovered in this country, to induce other nations time, under the circumstances which required them. to adopt governments like our own. No sooner do we The only instance of exception mentioned was that hear of a change of government in any country, than of America; but, that did not apply. The founders we begin urging the people of such country to adopt of that constitution acted with great wisdom. It was a government like ours. The newspaper people, the framed so as to produce as little change as possible Walters and Perrys and the like are everlasting tellin the existing laws and manners under the altered ing the French, that they ought to come as nearly us form of government which, though a republic, was possible to our admirable mixed government. Those constructed as nearly as the difference would admit, cunning loons, the Edinburg Reviewers, chaunt the on the MONARCHICAL form of OUR OWN CON- same litanies in every succeeding number. They despair of the French, because they reject our exThis passage, my lord, owing, I dare say, to the cellent model of government, and they predict, that want of accuracy in the reporter, is not so clear, or the American system cannot endure long, because so correct, as one might have wished, but, its mean- it has none of those bodies of nobles or large propri ing evidently is, that constitutions of government etors, who are the best guardians of the people's cannot be well formed all at onse; that the Americas right, standing as the latter de between the people' STITUTION." ENGLISH. 61 22 "That 71 peers nominate "That 45 commoners nominate The king grants pensions to whom he chooses under 6000 dollars a year. He has more than 100,000) pounds a year placed at his disposal for secret services, of which no particular account is ever render-"That 91 commoners nominate ed even to the parliament. AMERICAN. The president can give no pension, nor, even with the consent of the senate, make any grant whatever of the public money-not even to the amount of a dollar. Every thing of this sort is done by the congress, comprising the whole of the representatives of the people. ENGLISH. The HOUSE OF PEERS hold their seats by hereditary right; but the king may make new peers whenever he chooses. They may be old or young, present or absent, abroad or at home. AMERICAN. The SENATE consists of two members from each influence "ABSTRACT. 88 83 82 57 139 Members. "That 71 peers and the treasury, return by nomination and influence "That 91 commoners return by nomination and influence "Total members, returned by private patronage 170 139 309 of the states in the union. They are elected by the "house is chosen, and are enabled, being a majority, a majority of the entire state legislatures, who have been elected by the peo-"to decide all questions in the name of the whole peopie. They serve for four [six] years. The consti-"ple of England and Scotland.” tution positively forbids the granting of any title of nobility. Every senator is to be not under thirty years of age when elected, and is to be a resident in the state for which he is elected. ENGLISH. AMERICAN. of having paid taxes, and being in a state to be callAs to the qualifications of voters, it is simply that ed on for taxes. There are, in the different states The HOUSE OF COMMONS consists of county slight differences in the regulations as to voting; but members and city borough members. Be the coun-small or great in amount, gives a right to vote. generally and substantially the paying of taxes, ty great or small, it sends two members-and, as to the cities and boroughs, London and Westminster, are all chosen from this source, they are all really the course, as the president, senate and representatives which contain about 800,000 persons, sends six members, while Old Sarum, Gatton, and many other representatives of the people. It is manifestly a goplaces, containing not a hundred persons cachi, senderent carried on by the people, through their All the ministers have seats in one or the other of the houses, and a great number of their secretaries and clerks besides. In 1808 when an account of this matter was ordered to be printed by the house of commons, there were 76 persons in that house, who received, amongst them, 178,994 pounds sterling a year of the public money. What was received in The qualification for county members 6001. a year in land; and 3001. a year in land for borough mem-this way by the peers and their families I have no bers. means of knowing. But, not only can members of either house enjoy the profits of places or of grants, they can receive appointments and grants while they are members. They frequently take part in voting money to themselves. But, there is this safeguard, that in some cases, at least, when a member receives The qualifications of votes are too various to be a lucrative appointment, he vacates his seat, and half described. In counties the freeholders only vote, must, if he continues a member, be re-elected! It is, and these do not form a twentieth part of the pay-howevever, very rarely, that his "constituents" reers of taxes. A house or a bit of freehold land worth fuse to re-elect him! Oh! la belle chose! 40 shillings a year, gives a vote, while houses and lands to the amount of thousands a year, if retaining No person holding an office under the government any of the feaudal character, give no vote at all. can be a member of either house; and no one can be But the best account of this matter is to be found in! appointed to any place (during the time for which AMERICAN. he was elected) if such place has been created dur- thereof." No religious test is required of any man ing the time he was in the legislature. ENGLISH The king can dissolve the parliament whenever he pleases; and the parliament has been dissolved at every change of ministry for some time past. He can also prorogue the house at his pleasure. AMERICAN, to qualify him for any office. Any man may publish what he pleases about religion. No tythes in Ame rica. Marriages are settled under the eye of the civil magistrate, if the parties choose. ENGLISH. t As to the liberty of SPEECH and of the PRESS, many acts have been passed to abridge both; but The president has no power to dissolve the con-particularly one on the 12 h of July, 1799, which gress or either of the houses; nor to adjourn their suppressed all political societies, all societies for de-". meetings unless they disagree upon the subject.-bating and lecturing; except under licenses from the Nor can he call them together at any time but at King's justices of the peace or police magistrates.-periods fixed by law, except on extraordinary occa sions. ENGLISH. AMERICAN. Even lodges of the poor childish Freemasons were compelled to have a license to meet, and to be registered; and even after this, the king's justices If the king disapproves of a bill, he rejects it at might order any lodge to be discontinued; that is once without assigning any reasons. to say, broken up. The king's justices, in case of disobedience of this law, might punish at once by a If the president does not approve of a bill pass-fine of 120 or three months imprisonment; or if the ed by the two houses, he sends it back with his ob- oflenders were convicted on indictment, they were jections; but if two thirds of both houses perse-to be transported for seven years. Public house keepers were to loose their licenses if they permitted such meetings at the houses. Every place for vere, the bill becomes a law. ENGLISH. The king alone coins money, raises troops and fits lecturing, debating, or reading newspapers, where money shall be paid, is to be deemed a disorderly house, unless previously licensed. The king's jus out navies. AMERICAN. The congress alone has power to coin money, to tices were authorized to take the license from any raise troops, to build and equip slips. ENGLISH. The privilege of habeas corpus was suspended in England for several years, during Pitt's administration, when there was neither rebellion nor invasion. AMERICAN. publican; that is to say, to put and end to his trade,. upon receiving information, that seditious or immoral publications were read in his house. As to the. PRESS, every printer is, by the same act, compelled to give notice to the clerk of the king's justices, that he keeps a press or presses for printing, and he The privilege or writ of habeas corpus cannot be is to receive a certificate of having given such nosuspended, unless, when in cases of rebellion or in-tice. The justice's clerk is to transmit a copy of rusion, the public safety may require it. America the notice to the king's secretary of state, in whose his lately been invaded in several parts, has had her office the names and places of abode of all the printtowns burnt and plundered, her coast ravaged anders, and the number of the presses, &c. &c. are all devastated; and yet, the hubeas corpus was not sus-nicely registered. Letter Founders are to do the pended. same; and moreover they are to keep an account of the types and printing presses that they sell, and ENGLISH. It is treason to compass the death of the king; and are to produce them, whenever required, to any this may be by writing or talking, and indirectly as justice of the peace. Then again, the name and well as directly. The crime of treason here is against place of abode of the printer must be printed on eve. the king; in America it is against the United States; ry paper or book; and any one issuing forth, disthat is to say against the people. By an act of this persing after published, any paper or book, without king's reign (to last till his death and a year longer) the name and place or abode of the printer, to be it is declared to be high treason to endeavor to over-punished by the forfeiture of 123. The printer is awe the king, or either house of parliament, in o a compelled to keep a copy of every thing he prints; change of measures or councils; and at one time it he is to write on it the name and abode of the person was high treason to send to any person in the domi- who employed him to print it, under the penalty of nions of France, a bag of flour, a flitch of bacon, or 120. Persons selling or handing about papers may be a bushel of potatoes. AMERICAN. Treason consists only in levying war against the UNITED STATES, or in adhering to their enemies, giving them aid and comfort. ENGLISH. seized and carried before a justice to have it determined whether they have been offending the law.— Any justice may empower peace officers to search for presses and types HE suspects to be illegally used, and to seize them and the printed papers found.As to newspapers, the proprietors, printers, and pubIn England the Church establishment receives in lishers, are all compelled to go to the stampoffice and rents and tythes about an eighth p.r. of the amount make an affidavit of their being such, and also of of the rents of the whole kingdom. All the bishops, their place of abode. They are compelled to dedeans, prebends and the greater part of the benefi-posit one copy of each paper at the office; and this ced priests are appointed by the crown. There are copy with their own affidavits is all that is called for test laws, which shut out from political and civit in proof of their being all guilty of any libei found in privileges great numbers of the people; and men are the paper. frequently severely punished, put in felon's jails, and fined, and pillared into the bargain, for writing, printing or publishing their opinions about religion.The bishops have seats in the house of peers. Marriages are not legal unless sanctioned by the priests of the established church. AMERICAN. AMERICAN. No law can be passed abridging the freedom of SPEECH or of the PRESS. ENGLISH. An act was passed on the 18th of December, 1795, making it death for any part of the people above Sy "No law shall be made by congress respecting 5 aniess notice and authority for holding such meeting in number, to meet for the purpose of petitioning, oblished religion, or prohibiting the free excresce given to and abled from the king's justices |