The Works of Daniel Webster, Volume 1Webster, Daniel
History
The Works of Daniel Webster, Volume 1
Webster, Daniel
United States -- Politics and government -- 1815-1861
No subject of great popular interest came up for debate in the second
session of the Eighteenth Congress, but the attention of Mr. Webster, as
chairman of the Judiciary Committee, was assiduously devoted to a
subject of great practical importance; brought forward entirely without
ostentation or display, but inferior in interest to scarce any act of
legislation since the first organization of the government. We refer to
the act of the 3d of March, 1825, "more effectually to provide for the
punishment of certain crimes against the United States, and for other
purposes." This chapter in the legislation of the United States had been
comparatively overlooked. The original act of the 30th of April, 1790,
"for the punishment of certain crimes against the United States,"
deserves, in common with much of the legislation of the First Congress,
the praise of great sagacity and foresight in anticipating the wants and
the operation of the new system of government. Still, however, there was
a class of cases, arising out of the complex nature of our system, and
the twofold jurisdiction existing in the United States, which, being
entirely novel in the history of other governments, was scarcely to be
provided for in advance. The analysis of the English constitution here
failed the able men upon whom it devolved to put the new system of
government in operation. It is to be wondered at, not that some things
were overlooked, but that so many were provided for.
Of the cases left thus unprovided for, more perhaps were to be found in
the judiciary department than in any other. Many crimes committed on
shipboard, beyond the jurisdiction of any State, or in places within the
Union excepted from State jurisdiction, were unprovided for. Statutes
had been enacted from time to time to supply these deficiencies; but the
subject does not appear at any time to have attracted the special
attention of any one whose professional knowledge and weight of
character qualified him to propose a remedy. It was at length taken up
by Mr. Webster, in the second session of the Eighteenth Congress. It
fell appropriately within the sphere of the Committee on the Judiciary,
of which he was chairman; and his own extensive practice in the courts
both of the United States and of the separate States had made him well
acquainted with the defects of the existing laws. He accordingly drew
up what finally passed the two houses, as the sixty-fifth chapter of the
laws of the second session of the Eighteenth Congress, and procured the
assent of the Committee on the Judiciary to report it to the House. Some
amendments of no great moment were made to it on its passage, partly on
the motion of Mr. Webster himself; and partly on the suggestion of other
members of the House. As it finally passed, in twenty-six sections, it
covered all the cases which had occurred in the thirty-five years which
had elapsed since the law of 1790 was enacted; and it amounted to a
Public-domain text, read in full here on John Shaqi.
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