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Law Intelligence.
Among the cases that have been discussed in
the Supreme Court of the United States, now in
session, a very interesting question has arisen
as to the jurisdiction of the Federal Courts.
This question of the United States against John
Bevens, on which h division.of opinion took place
between the Judges of the'circuit court in Mas
sachusetts, and the question was consequently
referred to the Supreme Court for the deter
mination of the Judges of that tribunal. The
case was argued by Mr. Wirt, (Attorney Gener
al,) and Mr. Wheaton of New-York, for the Uni
ted States, and by Mr. Webster, of Boston, for
the accused.
Bevens was a marine onboard theU. States 74
gun-ship Independence, and was indicted lor, and
found guilty of murdering a seaman on board while
the ship was lying in Boston harbor. It was ur
ged on the purt of the prosecution that the place
where the ship lay gave the circuit court cogni
zance of the offence, under the grant of admiral
ty and maratime jurisdiction given to the Feder
al Court in the constitution, and also because the
m ime was committed on board a public Shi ;> of War.
The Judgment of the Court was delivered by
Chief Justice Marshall, on Saturday last. The
Judges were of opinion, that though Congress
had the power to legislate in the case, and to
make the offence punishable under the admiral
ty jurisdiction given to the judiciary in the con
stitution, that Congress had not exercised this
‘power in the act of 1790, for the punisment ol
certain crimes against the United States, or in
any other law. They were likewise of opinion
that though Congress had clearly authority to in
fest any of the federal courts, or a court martial,
with cognizance of offences committed on board
of ships of war of the United States, wherever
they might lav 5 yet, as the act of 1790, in speak-
ip" of a place within the exclusive jurisdiction of
the United States, evidently referred only to ob
jects immovable and strictly territorial : such as
a fort, arsenal, dock-yard, &c. and as by the na-.
tv mutiny act the crime of murder was pupisha-
bie by a court martial, only when committed out
of toe limits 06 the United States, the offence for
which the prisoner was indicted was not cogniza
ble in the Circuit Court.
The consequence is, the accused cannot be sen
tenced in the Circuit Court for the crime of which
he has been found guilty, and the judgment a-
gainst him will of course be arrested. Niit. Iut
At the Supreme Court of the United States
now sitting in this city, the important case of
Evans against Eaton, which had been tried at
the circuit court before Judge Washington, Phil
adelphia, came on to be heard, upon the excep
tions to the opinion and charge delivered by the
learned judge at the trial. The cause was ar
gued by Mr. Harper and Mr. Ingersoll, for the
plaintiff, and by Mr. Hopkinson and Mr. Ser
geant for the defendant. The suit was brought
bv Oliver Evans, against the defendant Eato.ri,
for the use, by the defendant, of the plaintiff’s
improved Hopper Boy, without a license. The
opinion of the Supreme Court wn“ delivered by
Chief Justice Marshall, on Saturday lust. The
points decided by the Court are, 1st. That the
defendant Eaton, having given notice under the
6th section of the act for the,promotion of the
useful arts,.Ǥ*c. that he would prove at the trial,
tliatthe improved Hopper Boy hod been used
previous to the alledged invention of Oliver Ev
ans, in several places. (which were specified in
the notice,) or n some of those places ; “ and
also at sundry other places in Pennsylvania, Ma
ryland, and elsewhere in the United States
and having given evidence as to some of the pla
ces specified in I lie notice, had a right to give
similar evidence as to other places not specified.
2d. That after this testimony had been admitted,
the plaintiff Oliver Evans, was entitled on his
part to give evidence that the persons, of who^e
prior use of the improved Hopper Boy the de
fendant had given testimony, had paid the pluin-
tiff for license to use the same in tneir mills since
his patent. 3d. Tnat the plaintiff’s patent in
cludes not only the general result'produced by
all the machinery mentioned in his specification,
that is, the improvement by means of the combi
nation uf those machines, in the manufacture of
flour, but also the several improved machines'
themselves, separately taken, or any two or more
of them taken together ; consequently that he
could support an action for. the use of any one
or more of these machines, without license.—Ibid,
Novel.case.—Last Thursday, came on, before
his honor Judge Hors, the trial of Tho’s Leonard,
charged with being nn eaves-dropper. Ilia of
fence, it appears, although recognised by the law
has not been tried by any court of justice in this
commonwealth for many years. An eaves-drop-
j er appears to be one, who lays under the win
dows of a person’s house, and listens to the pas
sing occurrences of a family, with a view of giv
ing publicity to slanderous and injurious reports.
The novelty of the case drew to the court-house
many spectators. Able counsel was employed
on both sides, and after lengthy pleading, the ju-
■ry returned a verdict of guilty', on two indict
ment* out of four. His honor after a brief ex
position of the character and conduct of an eaves
dropper, pronounced sentence, which was, that
Leonard pay a fine of twenty dollars to the coin,’
mini wealth, give security to the amount of one
hundred dollars for his good behavior for one
year, and pay the costs, etc.—Pennsylvania pap.
The trial of a deaf and dumb woman A sin
guliir event has occurred before a judicial court
in Scotland ; in the indictment of one Jean
Bruce, a deaf and dumb woman, for the murder
of her child, uy throwing it over the bridge bf
GlassgoV. Her counsel objected to her being
put on trial, as she could not plead ; and as he
was totally unable to get any information from
her to conduct her defence ; and as, having re
ceived no education, she waj as incapable, as a
child «f six months old, of distinguishing between
right atid wrpng. Many witnesses were examin
ed} by whom i| was tested on one Bide that
she wW #wuinan of strong power* of mind ;
that sh'e^pofessed the power of conscioushess
to a cerium degree ; appeared to have a strong
natural affection for her (three) children; persist
ed by signs, that the child accidentally fell Irmn-
the parapet of the bridge, while she w as attend
ing to another child, and manifested the most in
dignant feelings when charged with having wil
fully killed it, and seemed sensible that pun
ishments would follow the commission of a
crime. _ .
O11 the other hand, il was the Opinion of wit
nesses, (including teachers in the deaf and dumb
institution,) that ,she was incapable of distin
guishing between right aud wrong} that she was
not conscious of having done any thing w rong
in regard to the child, and altogether unable to
plead guilty or not guilty. The court were unan
imously of opinion that this noveland important
question, of which no precedent appeared in the
records of the country, deserved grave considgr-
ation, and every information the council on each
side could procure and furnish.—Port Folio.
CONG HESS.
HOUSE OF REPRESENTATIVES.
Wednesday, March 11.
The speaker presented the memorial of Vin
cente Pazos, of Peru, deputed agent of the au
thorities acting in the name of the representatives
of Venezuela, New-Grenada and Mexico, and
states the motives of these representatives in
giving authority to occupy Amelia, &c. and (he
manifold grievances of loss of military stores,
$*c. as well as of the military position ; com
plaining also of a recent decision of the admiral
ty court for the district of Georgia, in ti c case
of a prize vessel, and denying the crimes of
smuggling and slave dealing imputed to the occu
pants of that Island. The memorial, after stat
ing that the memorialist has address® the presi
dent of the United States on this subject,land has
received an answer not satisfactory thereto, con
cludes as follows :
“ In repeating these manifold grievances to
your honorable' house, your memorialist looks
with confidence for that dignified, and sincere
support of tire great republican cause in which
those whom he represents are so deeply engaged,
and lie reposes in the bosom of your august as
semblies those representations depending on such
a redress of grievances as shall comport with the
honor, dignity and justice of the government of
the United States.”
The house determined, a debate of nearly three
hours by a vote of 124 to 28, that the paper should
not be received.
Claims fur property destroyed.—Mr. Williams
of N. C. Irom the committee of claims, who wen
instructed to enquire into the expediency of con
tinuing in force the act of April 9, 181(5, and the
supplementary act passed in 1817, for indemni
fying those who have sustained losses of proper
ty while ill the military service of the United
States, made a report, concluding with the fol
lowing resolutions, the latter of which it will bo
perceived, have referrencc to certain combina
tions to commit frauds »n the office of claims,
which have been detected :
1. Resolved, that it is inexpedient to continue
longer than the 9th of April, 1818, the Act enti
tled “an act to authorise payment for property
lost, captured or destroyed while in military
service of the United States arid for other pur
poses,” passed the N h of April, 1816, <ind the
act in amendment thereof, passed the 3d of
March, 1817. '
Resolved, that all claims which shall not
have been acted on in tiie office of the com
missioner on the 9 th of April next, he .transfer
red for adjudication to the office of the 3d auditor
of the treasury department, and the said auditor
in making up his decisions shall he governed in
all respects by the same rules, regulations and
restrictions as have been prescribed' to the coin-
missioner of claims.
3. Resolved, that the committee of claims he
directed to report a bill pursuantly to the forego
ing resolution.
4. Resolved, that the attorney general be di
rected to cause to be instituted in the cqurts of
the United States for the state of New-York, any
suit or suits which may be necessary fo recover
from individuals the money they have fraudu
lently obtained from thegovernmentof ilje'Unit-
ed States, under the act of the 9th of Apiil, 1816
and the Act amendatory thereto passed 3d of
March, 1817.
5. Resolved, that the attorney general be di
rected to cau e to be instituted in the courts of
the United States for the state of New-Yiirk such
prosecutions as may lead to the conviction and
punishment of those persons who may have been
guilty of the crimes or perjury and subornation of
perjury, in support of fraudulent claims against
the government of the United States, under the
aforesaid acts of the 9th of April, 1816, and 3d of
March, 1817. The report was read, and order
ed to lie on the table.
^Extracts of letters to the editor.of tfi^Cjiarles.
ton Courier from a member of Congress.]
Washington City, March 10.
Mr. Lowndes yesterday' made one of the most
brilliantly argumentative speeches that have for
many years been heard in congress, bn the sub
ject of internal improvements. He expressed his
surprise that such an alarm should have seized
the gentlemen on the other side, as if conso
lidation and the worst of tyranny were at their
very doors, at the congress taking upon them to
exercise, on the part id the United States, a right,
which not only the United States, but every cit
izen in it possessed, of laying out his own mo
ney in hi; own country, in buying land and hold
ing it for his own proper and necessary occasions.
He allow ed in a variety of strong lights, the ab
surdity of saying that congress had no right to
appropriate money for making roads and canals,
because such an application of the public funds
was trot particularly specified in the powers enu
merated in the constitution ; a principle which if
it could be maintained, would put an end to a
multitude of just rights of appropriation which
bed jfever been called in question For instance,
who did not know that,ht every act oT incorpora
tion the funds of the body were appropriated to
objedts, many of Which were not only not men-
tioned-in (lie act, but never were even thought 0
at live-time of making it; yet no one ever doub ed
the right to apply them. He insisted that the
frambra of the constitution never could have in'
tefidedito to restrict the right of appropriation,
as had been argued They had given tho power
t» ra<9e armies, to raise a navy, arid oi course had
•riven the power to do every thing that was lftci-
ilentaliy necessary to the exercise of those pow
ers. In fair construction it was demonstrable,
that when the power ol raising an instrument was
•minted, the powi!r to make use of that instru
ment nlust be granted along with it—It would
else be a nullity :r-In granting the power to raise
armies and a navy, therefore, the liVakcrs ol the
constitution, fixneccssitate. granted the power
to make use of those armies and that navy at the
discretion of congress; and to do every tiling
that should be fouud expedient for the mainten
ance, as well as the employment of those instru
ments. “ You can (said ne) employ the armies
in labor as well as in war—vou can employ the
navy if you sec fit, in making discoveries ; yet
not one of these can be found among the enutnc
rated powers of the constitution :—How then cm
gentlemen say that the rights of congress are ne
cessarily confined to the enumerated powers ?
Adverting to a position of Mr. Barbour’s, that
congress had no right to purchase land, except
for forts, for dock-yards, or for arsenals, Mr.
Lowndes called to the recollection of the house
the fact, that great purchases of land had been
made by the general government, without an v
view or pretence to use it for a fort, duck-yard,
or an arsenal. It had purchased that part of the
Mississippi country which was now called the
Alabamg territory, from the state of Georgia ;
and it had nevertheless, been suggested that it
had no right to buy the land, of which it had not
acquired the jurisdiction :—It had, on the'eontra-
ry, made great acquisitions of property, over
which it had no jurisdiction. Mr. L. went fur
ther and by fair reasoning, from the constitution,
and the frequent unquestioned practice of the IJ.
States’government, as a comment on it, main
tained the political right of the United States’
government to take property, wherever the pub
lic interest should require it:—And he paid to
Mr. Clay the tribute of concurrence iu what that
gentleman had snid on Saturday last, declaring
that the ground that gentleman had taken was so
secure that he would nut pretend to add any thing
to fortify it.
It was impossible, (Mr. Lowndes continued)
(hat any man could imagine, that all the various
unforeseen incidental necessities of war could be
made a matter of constitutional detail; but must
await the process of war itself, aud be provided
for as they should arise. Yet gentlemen seemed
to argue, that the preparations for war were for
bidden, because they were not specified iu the
enumerated powers of congress, until the war
should be brougnt to our very doors—that we
were not to make roads or canals, for the trans
portation of our munitions of war, or the march
of our armies, ’till we were in the face of the ene
my. The power was allowed by those gentle
men to be vested in congress to raise armies ; but
was that power Unfitted by the constitutionals
time of war ?—No: It was given generall^^ff
peace as w e!*as war ; and the supply and trans
portation of munitions, and all other necessary
ingredients and accessary circumstances of war,
must of course follow, as of inevitable inference,
if not from the letter, certainly from the reason
ing and spirit, of the constitution. War cannot
be made without: munitions—munitions, therefore
are included in the very idea of war and in the use
of armies, and no possible provisions cau be sup
posed to exist against them, when the right to
make war is granted. A^to a proposition which
had fallen from Mr. Barb^F, that instead of hav
ing roads made to supply the armies when order
ed to the frontiers, there ought to be depots form
ed on the frontiers lor the purpose, Mr. Lowndes
thought it scarcely necessary to do more than
barely state it, to expose its futility.—Making
depots in such situations, and on such an extend
ed line of defence, would cost infinitely more
than making the roads, and after all, be establish
ing them only for the enemy: And Mr. Lown
des appealed to the members present, among
whom were certainly some who were qualified to
decide the fact—whether there were not many
positions on the coast where an engineer would
say that forts were necessary, and where the first
object of that engineer would be to have roads
first made to communicate with and supply them.
Upon the point of the power of taking posses
sion of property, of which so much had been said,
as if its not being specially enumerated among the
constitutional powers amounted to an exclusion
of it—Mr. L. pointed out in the constitution a
provision, that private property should not be ta
ken by government without making compensa
tion for it; and this negative, lie maintained, to
bean undeniable proof of the affirmative:—The
constitution evidently allowed its being taken, by
saying that it must be paid for.
Mr. L. said, that when a state possessed from
the law of nature and nations, rights prior
to the establishment of its government, the con
stitution was understood to give that government
all the means of enforcing them. Some of those
rights, he said, could nut, from their nature be
enforced by the judiciary : they must, therefore,
be enforced by the legislature—by the govern
ment itself. Every body allowed, that from all
parts of the interior of a country there must
ever exist a right of way to the ocean-rand that
right it was competent to congress alone to main
tain. Such had been our right of wav down the
Mississippi to the ocean, wlien Spain possessed
the territory througli which it passed :—would it
not he strange, it (as the oppusera of this measure
would fain infer) we were to‘lode that right when
question frai yesterday put, that it should r u
be‘read a third time ; when Mr. Poindexter 1
grounds which I could not hear him ffijn ’ 2 1
particularize, moved that it should he L„i ■ 1
the table. Mr. Taylor observed, that'there Pi
already been sufficient discussion on the queo'
to enable every man to make up his uiind_T
- • , us inind^.K„
therefore hoped it would nofbe postponed C
yond tomorrow, which would afford 30 daysP
to the 13th of April, a space, which if gentletnc^*
would resolve to economise the time, wotild scrv"
for the discharge of the remaining husine g8- ^
This premature decision was strenuously .
by 4 Mr. Baldwin, who said that there weie l0
less than 113 cases On the docket, and that too
were lying on the table ; and, with regard to the
time they would occupy, it seemed to lie 0 f |j t ,| M
cohsequence whether they were public or private
as appeared from the bnffimg case of Henry Kina’l'
claim for a pension, which that day had consum-
ed the w hole morning, up to 2 o’cloak, Home of
the cases waiting for legislation, he said, were of
great importance—intricate and operose, and re.
quiring whole systems to be digested. Hee,n.
phatically put the question to them, how the?
could tlnnk of rising till the public business which
they had undertaken with their constituents t«
do, should be done ? Were they not bound to do
it? and how could they do it in 30 days ? It
was impossible. The subjects embraced in it
were some of the most important interests in tin
union—its manufactures, its commerce, its navi,
gation, its revenues. If they adjourned on tl t
day proposed, they must leave most of it on.
done—and in that case, what would they be able
to say to their constituents ? What answer would
they give to those unfortunate individual claim,
ants, who had been for, God knows how Ion" a
time, knocking in vain at their doors for justice?
How should they answer to the public at lan-c?
General Harrison said, that with proper econo,
my of time—(surely he could not hope that they
would leave off oratorising) —the house could
do all the necessary business:, anti adjourn on tho
13th of April. . Altec having given Ids opinion,
he urged the Necessity of going through tho mili.
tia bill, and said'that several of the stales, par.
ticularly Georgia, had suspended their legishi
tive proceedings on the subject of their respect
ive militia, waiting for congress to decide upon
it first. lie wished the resolution to lie on the
table, in order to see Whether the house could not
adupt sttme mode of economising time. 'Bio
motion of laying on the table was then negatived;
and then came the question of adopting the reso
lution, which Mr. Forsyth opposed—saying them
was no adequate reason for it, that it was a de
sertion of the public duty, and that it was the
first time ever the house adjourned five weeks be
forehand :—Ile therefore moved to postpone the
question to the first Monday in April. Mr.
Baldwin moved that the question should be take#
by ayes and nays. It was accordingly so taken,'
and carried by 10! yeas to 46 nays—-so the house
is to adjourn on the 13th of April,
the territory became American jtroperty.
Mjournment.—The committee to whom it was
referred to fix upon and report a day for the ad
journment of congress, for the present session,
reported a resolution fixing on Monday, the 15th
ol April, for that purpose ; and that resolution
having beqn twice read oq Saturday last, the
FOREIGN.
Porto Bello, Feb. 19.—Bolivar is at Hogan;;
where La Terra defeated Sazazyo. He lias 12
pieces of artillery and 3000 men. A few clays
ago his cavalry surprised the royalists, and at
to pieces a fine regiment of hussars, of F’erdinani
the 7th, 500 in number. The advanced picket*
of the royalists have been also defeated, in some
late attacks by the cavalry of the patriots, which
is very formidable, and has formed a junction
with Bolivar. Morillo has advanced from Cala-
bozo to join the army. Much is expected from
his presence ; and should ti c patriots risk a gen
eral engagement, Morillo no doubt will succeed,
otherwise it is very doubtful. By this you will
perceive that Bolivar advancing, and Moiilloon
the defensive. Both main armies are not one
days march from each other ; but the vast supe
riority of the patriots’ cavalry shields their army
from Bolivar’s infantry. We look every hour
for some decisive act from one sido or the other.
1’he fact is, Morillo is surrounded ; and, unless
by some desperate act on his part, it will he diffi
cult for him to<cscape. The above may be relied
on, as it conics in such a manner as to put thb
truth beyond a doubt.”
Gibraltar, Jan. 10.—The Washington, 74 tfr.
sailed from Algiers about the 18th December
for Syracuse. The brig Spark, sailed to day t»
join the commodore, being ordered to wait until
the 10th for the Franklin. The Alert is at Mar
seilles, and our letter from that place says Dr.
Eustis, U. States Ambassador to Holland is here.
London, Jaif. 12—The President's Message t»
Congress was received and published in London
on the. 8th. The Morning Chronicle remarks
upon it—From a press of mutter, we can meiw
ly allude to this very important State Paper.
While the finances of all the governments of.
Europe are more or less disordered and the sub
jects are every where groun,* down with heavy
taxes—we find the head of these republicans, at
the close of an expensive war, proposing the re
peal of all the internal taxes, etc.
We are glad to find, by the American papersi
that the House of- Representatives have passed
a Resolution, which is likely to remove a frequent
cause of dispute between England and the Uni
ted States.—One of their committees has been
directed to inquire into the expediency of pro
viding fiir the apprehension of foreign seameq
deserters from their vessels in the North Ameri
can harbours. As they are chiefly British sea
men who coroiftit tins offence, and ns it leads to
their employment in theAmerican ships of war,the
resolution may be considered as a strong symp
tom of a proper feeling in the House toward*
England.’’
The following handsome Compliment to the V.
S. ship Franklin, we copy from the Truro, (Eng-)
Gazette of the 16th January. “ United States*
ship Franklin.—The late arrival of this formula*
file vessel in the waters of the country, which
once possessed the supremacy over the land,
where she was built, has excite'd much attention
and curiosity in our shipwrights- and seamen,
some of vhem embraced (he opportunity, rbiL*