CHAPTER the lash on shipboard has been abolished as well in merchant vessels as in ships of war. II. 1790. An act to regulate trade and intercourse with the Indian tribes," founded also, for the most part, on the dictates of former experience, and the permanent basis of the policy of the United States on this subject, excluded all persons from traffic with the Indians except under license from the president. No sales of lands by the Indians were to be valid unless made at some public treaty, held under authority from the United States. All offenses against the persons and property of Indians were to be prosecuted and punished in the same way as similar offenses against white men. In An act "for the punishment of crimes against the United States," still the basis of the federal criminal law, inflicted the penalty of death, by hanging, upon treason, murder, piracy, and forgery of the securities of the United States. In the latter case, the penalty of death was strenuously resisted during the discussion of the act, and fine and imprisonment have since been substituted. capital cases, prisoners were to have a copy of the indictment, with a list of the jurymen, and were, in all cases, to be allowed the assistance of counsel, and to have the aid of the process of the court for summoning their witnesses; prisoners standing mute and refusing to plead were to be considered as pleading not guilty; in cases of conviction, no forfeiture of estates was to ensue, nor corruption of blood: very great improvements upon the harsh and cruel policy of the old common law. Misprision of treason, in other words, knowledge of that offense and concealment of it, maiming, and the stealing or falsifying of records, were to be punished by seven years' imprisonment, and in the latter case by a public whipping also, not exceeding thirty-nine lashes; or a fine - II. of $5000 might be imposed as a substitute for these CHAPTER punishments. Misprisión of other capital crimes besides treason, being accessory to them after the fact, man- 1790. slaughter, perjury, correspondence with pirates, conspiracy to rob or run away with vessels, violation of safeconducts, or assault on the person of embassadors or other public ministers, were punishable by three years' imprisonment, and in case of perjury, by standing in the pillory and incapacity to testify. In most of these cases, also, fines were added of from $500 to $1000. Fourfold restoration, with a public whipping not exceeding thirty-nine stripes, was the penalty for simple larceny or embezzlement, half the amount to go to the owner, the other half to the informer. The giving or receiving bribes was punishable with fine and imprisonment at the discretion of the court. Except in case of fugitives from justice, prosecutions for treason under this act must be commenced within three years after the committing of the offense, and prosecutions for other crimes within two years. A sort of undefined jealousy of federal authority led, it is probable, to this limitation, still in force, though unknown to the common law or to any of the state codes. An act" providing the means of intercourse with foreign nations" fixed the salaries of ministers plenipotentiary at $9000, of chargés des affaires at half that sum. The Senate wished to vote a general sum for the expenses of foreign intercourse, leaving the salaries discretionary with the president, but to this the House would not agree. Yet a discrimination in the sums allowed would seem to be called for by the difference of expenses at different courts. To the first ministers sent to Europe the Continental Congress had guaranteed the payment of their expenses, with an additional compensation for their time and trouble. The allowance actually made CHAFTER had been fixed at first at $11,111 annually. After the II. peace, a resolution of the Continental Congress had re1790. duced this salary to $9000. It was in consequence of this reduction, so Jefferson states, that Franklin had in- An "act for regulating the military establishment" provided for a standing force of 1216 rank and file, to be organized into four battalions, three of infantry and one of artillery, the three infantry battalions to constitute a regiment. The Tonnage Bill was remodeled, but the duties remained the same. Madison made another attempt to impose discriminating tonnage duties on the vessels of nations not in treaty with us; but, though he carried this proposition through the House, it was again defeated in the Senate. A difference between the two houses as to the powers to be given to the Postmaster General defeated a bill for reorganizing that department. The Senate wished to give the Postmaster General a discretionary authority in the establishment of post-roads, but to this the House would not agree. The appropriations for the service of the year amounted to $723,399 68: viz., civil list, $141,492 73; foreign intercourse, $40,000; military establishment, $155,537 72; Revolutionary pensions, $96,979 72; contingencies, $10,000; light-houses, $147,139 54; old debts, $232,219 97. Among the private bills passed was one granting Baron Steuben an annuity of $2000 in consideration of his services. After a laborious ses *Aug. 12. sion of seven months, Congress finally adjourned to meet again in December. CHAPTER III. NEW CONSTITUTIONS OF GEORGIA, SOUTH CAROLINA, AND WHILE the national Legislature had been employed CHAPTER III. in putting the new federal government into operation, constitutional changes of considerable importance had 1789. been made in several of the states. In this business Georgia took the lead, a Constitutional Convention hav- May ing been in session simultaneously with the first session October. of Congress. The effect of the Federal Constitution as a model, or of those political views which had determined the general cast of that instrument, was conspicuous in the new Constitution of Georgia. The legislative power, instead of being vested, as before, in a single assembly, was to be exercised jointly by a Senate and House of Representatives, the senators to be chosen for three years, one by each of the eleven counties. They were required to be twenty-eight years of age, and to be qualified, like the representatives under the first Constitution, by the possession of two hundred and fifty acres of land, or other property to the value of $1200. The qualification of members of the House, which body was to consist of thirty-five members, was the possession of two hundred acres of land, or other property to the value of $700. ΠΙ. CHAPTER NO clergyman of any sect could be a member of either house. The test of Protestantism required by the first 1789. Constitution was dispensed with. The elective franchise was extended to all male tax-paying resident freemen, the former property qualification being dropped. The governor was to be chosen biennially, the House to nominate three persons as candidates, one of whom the Senate was to select; the candidates to be thirty years of age, the owners of five hundred acres of land within the state, and of other property to the value of $4444 44. The powers of the governor were considerably enlarged. He was to possess the pardoning power, except in cases of treason, the appointment of all militia officers, and a veto on all laws not repassed by a two thirds vote. The judges and other civil officers were to be chosen by the Assembly in the same way with the governor, the judges for three years. The same system of county courts was continued as before, to be held by the chief justice of the state, assisted by three local judges for each county; but the Assembly was authorized to constitute out of these judges a Court of Errors and Appeals, empowered to grant new trials. This Constitution, like the former one, prohibited entails, and provided, when there was no will, for an equal distribution of all estates, landed as well as personal, among all the children. All persons were to enjoy the free exercise of religion without being obliged to contribute to the support of any religious profession but their own. Georgia was rapidly increasing in population, and as further constitutional changes might soon become necessary, it was provided that a convention of three persons from each county should meet for that purpose at the end of five years. |