History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The clauses which authorize Congress to constitute tribunals inferior
to the Supreme Court,[248] and to make rules as to captures on land
and water,[249]--the latter comprehending the grant of the entire
prize jurisdiction,--were assented to without discussion.[250] Then
came the consideration of the criminal jurisdiction in admiralty, and
that over offences against the law of nations. The committee of
detail had authorized Congress "to declare the law and punishment of
piracies and felonies committed on the high seas, ... and of offences
against the law of nations." The expression to "declare the law," &c.
was changed to the words "define and punish," for the following
reason. Piracy is an offence defined by the law of nations, and also
by the common law of England. But in those codes a single crime only
is designated by that term.[251] It was necessary that Congress should
have the power to declare whether this definition was to be adopted,
and also to determine whether any other crimes should constitute
piracy. In the same way, the term "felony" has a particular meaning in
the common law, and it had in the laws of the different States of the
Union a somewhat various meaning. It was necessary that Congress
should have the power to adopt any definition of this term, and also
to determine what other crimes should be deemed felonies. So also
there were various offences known to the law of nations, and generally
regarded as such by civilized States. But before Congress could have
power to punish for any of those offences, it would be necessary that
they, as the legislative organ of the nation, should determine and
make known what acts were to be regarded as offences against the law
of nations; and that the power to do this should include both the
power to adopt from the code of public law offences already defined
by that code, and to extend the definition to other acts. The term
"declare" was therefore adopted expressly with a view to the
ascertaining and creating of offences, which were to be treated as
piracies and felonies committed on the high seas, and as offences
against the law of nations.[252]
The same necessity for an authority to prescribe a previous definition
of the crime of counterfeiting the securities and current coin of the
United States would seem to have been felt; and it was probably
intended to be given by the terms "to provide for the punishment of"
such counterfeiting.[253]
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