The enquirer — Richmond, Va., 1807-02-10 00:00:00, page 1

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PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE AT FIVE DOLLARS PER ANNUM... (PAYABLE IN ADVANCE.) ^ , .
Numbeu 89.] RICHMOND/ TUESDAY MORNING, FEBRUARY 10, 1807. [\\ *>-UME 3*
[VIRGINIA BANK STOCK..101.
SUcgmonD prices Current,
Dollt. Ctt.
Tpbacco, 6 75
Whlat, New, 1 is
Flour—fupertiiic, Nc*r, 6 50
fine, . 6
Oorn per barrel, 5
Bacon—per lb. 12
Bar Iron—per ton, 120
Whifltey—per gallon, 58
Scales at auction,
Oti FVcdnefiay, the 11 th February, will be fold
at AuHion, on the premifes :
A HALF ACRE OF LAND, known in the plan
of the city, by No. 9. It is bc3tifully fituated
on the bank of the river, back of the C<viirt Houfe, &.
command* a very extenfivc and delightful profpeft.
On it, there it a large two (lory frame dwelling houl'e,
with a good cellar, and convenient out^ioules.
Term* will be made known on the day of fale.
TAYLOR 15* BROWN, Autl’re.
J.uuary 29. td£
fealcS at Suction,
On Friday 19/5 infant, at the Offie of the Subfcribers
will be fold for the btnrft oj the creditor: oj Air
George Greenhoav : All hie Stoei in trade,
CQNtfiSTING of a general affori * lent yf HARD
WARE 15* CUTLERY, and of Cloth*, Ker
f«yinere», Coating*, Worded and Cotton Hole, Man
chefter Stuff, Dimities, Wild bores, Durants, &c.
&c. &c. fcc. &c.
6 month* credit will ha allowed on all purch;.fes
exceeding 50dol».for which negotiable notes with
approved cudorlers will be required.
TAYLOR & BROWN,
Trvfetsfer the creditors of G. Greenhoau.
February 6. tdl.
LAND FOR SALE.
By virtue of a Deed of Truft, executed by the late
James Taylor of the county of New-Kent, and
Gate of Virginia, dec’d. to fecure the payment of a
fum of money due by him to Giliiat and Mackin
der : will positively be fold without referve, on the
twelfth day of M arch next, at New Kent courr
houfe,
f | xHE following Traft or Parcel of LAND Situate
4 in the lowtr end of New-Kent ; containing by
a late Survey, four hundred acres, commonly called
and known by the name of Pond Marlh, which faid
tradt or parcel of Land is bounded by the Lands of
Thomas Piemont, Edwin Godwin, dec’d. Armif
tead Ruflell and John Richardlon, Jec’d. and lately in
the occupation the faid Janies Taylor. Terms of
Sale calh.
THOMAS JORDAN, Truf.et.
February 6. tdf.
ONE HUNDRED DOLLARS REWARD.
RUN-AWAY from the Subfcriber living in New
Kent county, near tke court-houfe, a NEGRO
MAN, named l.ABrtN, about forty year* of age,
•f pale yellow complexion, with a wide mouth, and
teeth Stand much trtic, and are wide apart; lie i» about
five feet Seven or eight inches high, llout and well
made, has a pLafing countenance w hen Ipoken to, he
is alfo a Shoe and Boot maker by trade, he has fol
lowed the aforcfaid buGnefs in Richmond for feveral
years, and is well known there, the two laft years
pad, he was hired to one C. Burton of that city, w ho
Suffered him to carry cn his buflneft of Shoe-making,
and on the night ol the 13th January, 1307, the laid
negro man made his elopement w ith his Tools, Cloths,
&c. I cxt.edl he will endeavor to paf» for a free man,
as be once before abfeonded and was taken and put in
Norfolk jail with a free pafs forged. I exped. lie will
endeavor to go to feme of the northern Gates and pof
fibly will follow his trade. I expect he will endea
vor to fix himfelf in fome town or public place. The a
forefaid negro Since he has be»n living in Richmond,
calls himlrif LABAN LEWIS, but it is puflible he
will change his name. I forwarn all mailers of vcflVls
from carrying the faid Negro Man out of the date, &
alfo all perfons from harboring him. I will give the a
bove reward of one hundred dollars, to any perfon
th.it will deliver the faid negro to me, or lecure him
in jail fo that I get him again.
* BENoKlN H. HILLIARD.
February 6. 3t.
NOTICE
rF'HE creditors of Henry M'Clatchy, are requef
JL ted to lodge their claims properly authenticated
with either of the. fnbfcribers on or before the Brft of
next month as oti Tuelday the 10 proximo. A final
dividend of the eflate will be made by
THOS. GIL 1.1 AT, 9
ALLAN FOLLOW. $
February fl. epgw.
FRANCIS NEALE,
'f NFOP.MS the public, that he has taken the TA
S VERN audits appurtenances at King fit Qeen
Cnurt-houfe, lately in the occupation of Mr. Garnett,
and that he will be conilantly fupplied with the befl
liquors, and every hind of accommodation for thofe
who may favor him with their company. To travel
ing Gentlemen,he pledges himfelf tofurnifh the mod
latisfadory entertainment, upon the mod moderate
(terms, and that nothing fhall be wanted, which dil.«
getice and an anxiety t>> pleafe can afford.
King & Queen Court-houle. f . .
January 27, $ 3 'v vV'
FOR RENT,
And immediate pojjrjftou given.
ATHKEF. floried HOU.iE, fnuie-houfe, gar
den, &c. on the Bufin, occupied the piece.ling
■year by Mr. Chancellor H. Saunders. This houfe is
well calculated for a boarding or a genteel private fa
mily, having four rooms and a paflage on e .ch floor,
and two kitchen and two cellar rooms on the ground
floor—For terms apply to Mr. Thomas Underwood,
jr. at the public ware houfe, or to Mr. Leander
Hughes at MefTrs. Sliapard and Luckes, oppoBte the
Market.
ARCHELAUS HUGHES.
January 10. oawtf.
The fuhfcriher will alfo difpofe of a ptrf or the
whole of a valuable half acre wafer LOFonthe Bafin,
N*. 409 with fix fviall Tenements thereon, and a
half acre LOT N°. 39G with a good Dwelling-Houlc
thereon, haudfoniely fituated for a private dwelling
A credit of or ten years may He had for three
fourths of the purchafe money, by giving fatisfi&ory
fecutity and paying the intereli thereon, annually. If
the above property is not difpofed of at private fate,
fcy the 2nd day of March, it will on that clay, if fair,
if not, the next fair day, he difpofed of at auction,
to the higheft bidder on the premifes— For terms, ap
ply to Mr. Leander Hughes, in Richmond, «r the
fubicribtr livi' g iu New-Kent, near Bottoms Bridge.
s A A. H.
Jan. 10. oawtf.
VIRGINIA MILITARY WARRANTS!
TNE owners of thofe warrants are refpertfully in
formed, that by an art of Congreft pafled the
23d March 1301, the time of locating is prnfcribcd
to the 23d March next, and tiiat there are doubts
whether the time will be prolonged.
'The Subfcriber offers his fervices to the holders of
fuch warrants (either where they are unlocated or
where the locations are doubtful) to locate, furvey,
and procure the patents, at his own expence, for fuch
as may employ him—for which fervices he will ex
pe«Sl an equal fourth part of the Lands; and Ihould
there be any dilpute, or defert in the title, which
may arife in that part of the bufinefs done by him, he
will take the part dilputed or defertive.
From the general acquaintance he has with the ter
ritory relerved, and his great exertions to difeover the
true fltuatiou of the claims therein, he flatters himfclf,
rhat his locations will be equal to thofe of any other
locator.
. Where claims are doubtful, he will undertake to
furnilh the beft information refpeding them, and art
as their owner may dirert; for which fervices he will
expert a realonable cotumiflion out of tire Land when
recured.
Pcrfons vvifhmg to employ him will forward pro
per powers, directed to him at Chillicothe, Ohio, his
place of refidence.—Letters intended to meet him at
the office before the 23d March, will he addrefled to
him at Middle-town, Jefferfon County, Kentucky—
Perfons writing to him, and not employing him, need
not expert anfwers.
JOSEPH KERR.
January 22. lawlwl.
NOTICE.
ALL perfons having chums againjl the eflate
of'John Pendleton, efq. late of the City of
Richmond, dcc’d. are rcqaejhd to exhibit them to
either of the fubbribers as J'peedily as pojfible.
GEO. PICKETT,
ROBERT POLLARD,
CHS. JOHNSTON,
N. SHEPPARD.
Adminijlrators.
November 18. tf.
FOR SALE,
\GOOD BILL on Louilviile, Kentucky, for 8
or 200dollars.—Afply to
B. W.COLEMAN,
Botv/ing Oritn, Fa.
Jan. 22. Iaw3w
FOR SALE—OR KENT,
MY TENEMENT in Mancheller, pitafantly k
tuated on the hill, which overlooks the Falls
1 lan tat ion, and containing fuitable accommodations
£or 3 family —At any time when I may be out of
town, application may be made toJMr. Henry L. Bif
coe.
JAMES HENDERSON.
January 22._oawtf.
rFHn fubfcribtr, Laving difpofcd of bis Apolhcairx
X cjlablifbnsent, requejis that all penfons indebted to
Liml -will call and fettle their accounts.
D. WILSON.
November 21. (totf.)
FOR SALE,
By lb: Subscriber,
VF.ST-1NDI A and New-England Rum, French
V / Brandy, Mobiles, Loaf & Brown Sugar, Cof
fee and Chocolate, Belt Imperial and Hyfon Tea,
Pepper, Race and ground Ginger, Nutmpgs & Cloves,
Vvmdfor (having Soap, Lintfeed and Lamp Oil,
White Lead and Spanilk Brown, Yellow Ochre, Pa
tent Green ground in oil, 8 by 10 & 10 by 12 Win
fow Glafs, 2d, :>d, 4d, 6d, 8d, 10d&20d Nails and
Spike do. Barr Iron < f all deferiptions, fquare, flat and
round Plowplates, German Steel, Fire dogs & Skillets,
Powder aud Shot, Liverpool fine Salt for pork, bed
Hales Salt lor Pork .Saltpetre & Brimftone, COO pair
Mens thick Shoes, mens fine (hoes, boys do. Ladies
Kid and Morocco Slippers, Table I.innen and lri(h
(heeting, Bare Skin, blue ami mixed Plains, Patent
Cord and Thickfetts, Writing and Wrapping Paper,
Paite Board, Cotton and Woll Cards, a few barrels
Mackarel, Novafcotia Herrings, do. Orinditoaes.
Alfo,juji received from Bojion.
One Piano Forte, and one elegant Piano Forte with
additional keys
The above articles will be fold cheap for ca£h or
country produce, or 60 days note at the bank.
BENj STETSON.
Jan. 22. oaw3m.
r | tHK fbhfcriber refpe^lfufty informs his friend*,
fi and the public, that hr has commenced carry
ing on the Blackfmith and Carriage making bufiuefs,
at the fhop formerly occupied by Anderfon’s Mat,
a: the corner leading front the Main-ftreet to the
Bank. Horfe fhoeing will be executed in a fuperior
manner by an experienced hand. Gentlemen own
ing horfes in this city will find it their intereft to en
ter their horfe by the year, and their cuftom is refpedt
fully folicited. All kind* of Blackfmith work will be
dsue at fhort notice, and warranted. Fafhionable
Giggs and Chairs made, and all kinds of repairs done
in the carriage making line at#cafonable races, and in
the neateft manner.
CHARLES BOSHER.
December SO. Iaw2m.
NEW STORE.
TO BE SOLD CHEAP, OPPOSITE THE EAGLE
TAVFRN#
SIMPSON MORRIS,
Prom London, begs leave to inform the public,
that he has juft imported from London, a large
affortmcnt of Fafhionable DRY GOODS, fit
for the approaching frafon, ovhicb he offers
noav for fate, on very low terms at the above
houfe, viz.
"IYLACK and Colored Men’s, Women’s and Chil
I ) dren’s Worfted Hofc ; alfo, Men’s, Women’s
and Children’safforted White Cotton Hofe of excel,
lent quality, with and without Lace Clocks; alfo,
Woolen Broadcloths, Plain Velveteens, Cnt Velve
teens, Corduroys, Thickfetts,BennfIt’s patent Cord,
Toilanet* ; StockingUreechctpieces,Swanfdovrn, Flo
rentine Silk, Black i willed Sarfcnet, Black and White
1 lench and BrulTel Laces, Frcfh new pattern Rib
bands, Bandannoe Handkerchiefs ; a handfome ef
fort ment of Printed and Twilled Shawls, Durant* of
different color*, Common and Fine 7-8 and 4-A Irifti
Linen, Fine Long Lawns, Sheetings, White Corded
Dimities, Cheque for Aprons, Bed Furniture*, Print
ed Callicoe*,a large affortmcnt of Fine Plain and
Fancy M>iflm, Cambric Muflin; alfo, Real French
Cambric, Red and White Flannel*, Printed Dimity,
Printed and White (Quilting* and Marfedlc*, and a
variety of other article* too tedious to mention,
December II. oawtf.
3.000 wt. SALT PETER’D BACON,
1.000 wt. firft quality N. ENGLAND CHEESE,
IO grofs HOI FLED CYDER,
A few bufhels CLOVER SEED,
150 pieces PAPER HANGINGS,
for Sale by
RDIVARD MALI.AM.
Conftantly for Hire—An Excellent Carriage
and Horfe*-—apply a* above.
Adav W eotf.
Congress?.
HOUSE OF REPRESENTATIVES,
Monday, Jan. 26.
DEBATE
In the Iloufe of Reprefentatives cn the biV to '
fufpetnl the privilege of the writ af Habeas ,
Corpus, for a limited time in certain cafes. I
On receiving this bill the doors of the Iloufe
were clofed. They were opened about noon
when, we underft»x>d, that a motion made by
Mr. Burwell to rejedt the bill on the firft read
ing, was depending ; a meflage having been
received from the Prefulent of the U. S. con
taining additional information on the fuhjedt of
the confpiracy, Mr. Burwell withdrew his mo
tion until that (hould be r*ad.
The Meflage having been read, Mr. Burwell
renewed his motion to rejedt the bill.
Mr. STANFORD fecondtd the motion.
Mr. BURWELL faid he was unacquainted
with the particular reafons which had induced
the Senate to paf6 this bill. None had been af
figned when the bill was communicated, and
no additional documents printed. He could
therefore only be governed by that information
which the Houfe had received ; and he believ
ed that would juflify the motion before the
Iloufe. The Prefident in his meflage of the
22d, fays, “ on the whole the fugitives from
Ohio and their aflociates from Cumberland, or
other places in that quarter, cannot threaten
ferious danger to the ally of New-Or/eans.” If
that be the cafe, upon what ground fhall we
fufpend the writ of Habeas Corpus? Can any
perfon imagine the U. S. are in danger after
this declaration of the Prefident, who unqncf
tionably poflefies more corrcift information than
any other perfon can befuppofed to have. In
another part of the meflage we are informed,
that the perfonR arrefted at Ncw-Orleans have
been embarked for fome of the Atlantic ports,
“ probably on the confideration that an impar
tial trial could not be expeded during the prc
fent agitations of New-Orleans, and that that
city was not as vet a lafe place of confinement.
As ibon as thefe pcifons lhall arrive, they will
be delivered tothecuftody of the law, and left
to fuch coutfc of trial, both as to place and pro
cefs, as its fundionaries may dired ; the pre
fence of the higheft judicial authorities to be
atTembled at this place within a few days, the
means of purfuing a founder courfc of proceed
ings here than clfewhere, and the aid of the
executive means, fhould the judges have occa
sion to ufe them, render it equally definable,
for the criminal as for the public, that being
already removed from the place where they
were apprehended, the firft regular arreft fhould
take place here, and the courfc of proceedings
receive here its proper direction.” ThcPrefi
dent evidently holds out the idea, that the cor
red and proper mode of proceeding can be had
under the exilting laws of the U. S. Thefe
perfons may be transferred from the military to
the civil authority, and be proceeded againft
according to law. Thofc therefore who fear
theefcape of the traitors already apprehended,
and would by this mcafure obviate the difficul
ty, mull perceive that confequence would not
enfue. Mr. B. faid he fhould confider the fuf
penfion of the Habeas Corpus as holding out
an idea of danger and alarm, which was highly
improper, inafmuch as it did not exift. It is
true this confpiracy was once formidable, ex
tenfive at .I threatening ; but it has been diffi
pated by the vigilance of government. He
would afk gentlemen, if they l'eriouflyl>clieved
the danger fuffieicntly great tojurtitv the ful
penfion of this molt important right uf the citi
zen, to proclaim the country in peril, and to
adopt a mcafure fo pregnant with mifehief, by
which the innocent and guilty will be involved
in oue common deftrudlion. He faid this was
not the hrft inftance of the kind fince the for
mation of the federal government ; thtre had
been already two infurreaions in the U. $. both
of which had defied the authority ofCongrefs,
and menaced the union with difTolution. Not
vvi;hftanding oue of them juftified, the calling
out of 15,000 ineu and the expenditure of one
million of dollars, he had not heard of a propo
rtion to fufpend the writ of Habeas Corpus.
What then will be faid of us, if new ‘when the
danger is ever, firm in the attachment of the
prople to the union, with amp e refourcesto
encounter any difficulties which may occur, we
rcl'ort to a mcafure lo harfti in its nature, op
preffivein its operation, and ruinous as a pre
cedent ? While in former times, it was
thought unf.'.fc to fufpend this molt important
and valuable part of the conftitution, he would
afk whether the necefiity at the prefent time
could be conftdercd greater ? With regard
to thofe perfons who may be implicated in the
confpiracy, if the writ of Habeas Corpus be not
(ufpended, what will be the conlequence ?
When apprehended they will be brought be
fore a court of juf!ice, who will decide whether
there is any evidence that will juflify their com
mitment for fuither profccution. From the
j communication of the executive it appeared
there was fufficient evidence to authonfc their
commitment. Several months would elapfe be
fore their final trial, which would give time to
collect evidence, and if this fhall be fuflicicnt
they will not fail t» receive the punifiimcnt
merited by their crimes, and inflicted by the
laws of their country. Mr. B. faid he could
conceive no injury that would rcfult on this
fcore ; and indeed if fome perfons fhould elude
jultice, it would not endanger fociety fo mate
rially as to come within the terms of the confii
tution. He ohferved it appeared to him the
commencement oi an infurrcltion was the only
time when the writ of Habeas Corpus ought to
be lufpetided ; when the ftizure ot the ring
leaders, by dilmaying the inferior agents, would
enable the government, without the itrufcoH of
blood, to fupprefs it. But it was mamlelt that
at this moment every thing intended by the
confpirators was iflFtdUd, or they were in the
handsof the civil authority j there waslherc
fore no good reafort to take this precautionary
firp with that view—while on the other hand it
would unavoidably produce tinneccfi'ary alarm,
■ch inconvenience to the citizens of the
Nothing but the moll imperious metflity
„..<d tactile us in confiding to the executive
or any peilon ui der him, the power of feizmg
and confining s citizen upon bare lulpicion for
three months, without rcfpoufirnlity, for the
ibufe of fuch unlimited diferetion. Mr. B.
•aid he could judge from what he hid already
fern, tb.it men who are perfe£l!y innocent,'
would be doomed to feel the feverity of con-,
fbument, and undergo the infamy of the dun
geon. What reparation can be made to thofe i
who fhall thus futfer ? The people of the U.
S. would have juft rcafon to reproach their re
prefentatives with wantonly facrifieing their i
deareft imer.-fta, when from the faflu prefer.ted '
tothisHoufc, it fee ms the country was per-J
fciflly fife, a ml the confpiracy nearly annihilat
ed. Under thefe cimunftanees there ixti he no >
apology for fufpending the privilege of the;
writ of Habeas Corpus, and violating the con
Dilution, which declares “ the writ of Habeas
Corpus fhall not be fufpended, unlefs when in
cafes of invafion or rebellion the public fajety
may require it”
Mr. B. fa*) be hoped he had (hewn that ad.
mitting the two cafes fpecified in the conftituti
on cxifted, they were not accoir.partied with
fuch fymptoms of calamity as rendered the p.ii
fage of the bill expedient.
What, in another point of Hghf, would be
the cffeift of pafting fuch a law ? Would i: not
eftablifh a dangerous precedent ? A corrupt
and vicious adminiftration under the finflion
and example of this taw, might harrafs and de
ftroy the bed men of the country. It would
only be necetlary to excite aitifici.il commoti
ons, circulate exaggerated rumours of danger,
and then follows the repetition of this law, by
which every obnoxious perfon, however honeft,
i» furrendered to the vindictive refentment of
the government. It will not be a fufFcient an
fwer, that this power will not be aim fed by the
prefent Frcfident of the U. S. He, Mr. B. be
lieveJ, would not abufe it, but it would be
impoffible to reftrain all thofe who are under
him. Befides he would not confent to advo
cate a principle,* f ad in itfelf, becaufe it will
not probably he abufed. For thefe reafons Mr.
B. laid he fhould vote to ri jcCt the bill.
Mr. ELLIOT Lid that he regretted the
motion to rejed the bill had been made, be
canfe, confidering the fnbjed of vety great im
portance, he thought it mofl proper that it
fliould take the ufual courfe of bufinefs, that
the bill ftiould be read a fecond time, and re
ferred to a committee of the whole, for the
purpofes ot deliberation and difeufiion.
Called upon, however, laid Mr. E. to anfwei J
to the queftion, Ihall the bill be rrjeded ? I •
muft anfwer that queftion in the affirmative, as
I thou Id deem it my duty to advocate its rc
jedion, in any form which it might a flume,
and in any tlage of its progrefs ; and 1 deem it
equally my duty, on the prelent occafion, to
exprefs my fentiments upon the fuhjed. It is
indeed difficult for me, eouliftently with the
fincere and high refped which I entertain for
the fource from whence this meafurt originat
ed, to exprefs indecorous terms the huftility
which 1 feel to the proportion. I am therefore
dilpofed toconftderit as an original propofiti
on here ; as a motion in this body to fufpend
for a limited time, the privileges attached to
the writ of Habeas Corpus. And in this point
of view I am prepared to fay that it is the moll
extraordinary propolition that has ever been
prefented for our confideration and adoption.
Sir, what is the language of our conliitution
upon this fubjed ? «• The privilege of the
writ of Habeas Co:pus Ihall not be fufpended,
except when in cafesof iuvahon or rebellion the
public fafety Ihall require it.” Have we a right
to fufpend it in any and every cafe of invafion
and rebellion ? So far from it, that we are un
der a conflitutional interdidion to ad, uiiltL
the exifting invalion or rebellion, in our fober
judgment threatens the firft principle of the na
tional compad, and the conltitution itfelf. In
other words we can only ad, in this cafe, with
a view to national felf prefervation. We can
fufpend the writ of Habeas Corpus only in a
cafe of extreme emergency ; that alone is the
fulus pop uli which will juftity this lex fuprema.
And is this a crifis of fucli awful moment 1 Is
it neceflary at this time to conflitute a didator
lliip, to fave the people from thcmfclvcs, and
to take care that the republic fliall receive no
detriment ? What is the propolition? To
create a tingle dictator, as in ancient Rome, in
whom all power fliall bevelled for a time ?
No. To treat one great didator, and a multi
tude, an army of lubaltern and petty defpols :
To invite, not only the Prefident of the U. s!
but the governors of ft.itcs and territories, and
indeed ail perfons, deriving civil or military au
thority from the fupreine executive, with un
limited and irrcfponlible power over tile per
ianal liberty ot youi citizens. Is this one of
thofe great crifes that require a fufpenfi ,a
temporary proftr.ition of the conliitution itlelf ?
Does the (lately fuperft.udure ot our republic
thus tremble to its centre, and totter towards
it8 faII ? Common fenfe mull give a negative
anfwer to thofe quefiions. What are the t'adts ?
It is indeed a cafe of rebellion. We are olli
cially informed that rebellion has icared its
hydra front in the peaceful vallies of the weft.
Hut we are alfo informed by the executive that
treafon has no profped of fucctfs ; that “ the
fugitives from the Ohio, and their afibciatcs
trom Cumberland, cannot threaten ferious dan
ger even to the city of New-Orleans.” Not a
fingle city, (till lefsa territory or a ftate, is ton
fidcred in clanger ; and the executive not only
pofTefTcs all the information which Iras been
communicated to us, hut much more, for we
are informed that the communication has been
made under the refervation contained in the re
solution requefting it, and of courle all the fatts
in the knowledge of the executive, which are
deemed improper lor difJolure at this time,
have been kept back. And the executive, pof
felling all this information, allures us that the
public fafety is not endangered. Can we, un
der thefe circumftanees, confent to the invcfli
ture of dictatorial powers in that department
of I he government which thus allures us that
all i* fale i It would be contrary to the I'pirit of
the conftitution.
But we Ihall be told that the r.onftitution has
contemplated cafes of this kind, and, in refer
encetothern, inverted us with unlimited dilcre
tion. When any gentleman flnll advance Inch
a pofition, we who advocate the rejection of
the bill, will meet him upon that ground and
put the point at illue. Wc contend ihat the
framers of th*• Conltitution never contemplated
the cxercife of fucha power under circumftan
ces like the prefent } and that the conrtitiitron|
iiltll, inftead of au'.horiting, has prohibited
fuch diferetion, unlefs in an extreme r ale. And
can any member lay his hand upon his heart,
and lay that the prefent is a cafe of that del
criptmn ? lie who cannot do this mult with
us coniider the propufed rnealure as Uncouftitu
tional.
, _ to thi nature and
I.et us pay a little attention < r^rpus. It has
rh.rradfer of the writ of babels 3 there confi*
its origin in Grcat-Britain, a id ;t refpedla
<b red in two great points oi ^c\ ’e fui>jedt. As
the monarch, and as it rcfprd'* t\ e 0f the jrrn
it refpedts the monarch, it if oi . . but it is
prtrogativa, a writ of prerogat h oereafe the
not confidered as calculated to*' ,»t r 0f the
power of the king or the fplei \>t ncr it is
throne ; in its origin and true z r. <iTic. King,
viewed .is a prerogative, rx<-rr.ifcc by ih -»oy/«
or thofe authorities to whom his jud » *j»l t fj,.
ersare fuppof'cd to be deleg'ted, onfyfSt
purpofe of fecuring the cotiftitubsoml rig f!vv,
the fubjedt, and retraining the invafioi ' of l. .J%,
rights. As it vtfptdls the fubj-df, it is n ivrif
of right, and is emphatically tailed, fc y Euglifli
writ cm, a writ of libert y.
By the provifions of the f. n?ouc ftatu‘e of
Charles the fccond, which his i ven l» .-en called
i fccond mngia ckarta, its privilege ) are gua
ranteed to .ul Brrtilh fubjrdfs at all tl ines. An
tmiuent Englilh author, and the mol: popular
writer upon fubjedts of legal fcienccy oonlider#
• t» fulpenfion as the fnfpenfion of liberty itfclf;
declares that the meafure ought never to be *•«?„<
forted to but in cafi 3 of rx're.me emergency ;
and fays that tire nation then parts with its free
dom lor a Ihort and limited time, only to re*
fume and fecure it forever. Hence he compare#
the fnfpenfion of the habeas con us adl in G.
Britain to the didtatorfhip of the Roman Repub
lic.
But objedtionable as the bill upon the table is J
in point of principle, it is, ifpofiible, ftill more I
objedtionable in point of detail. It inverts I
with the power of violating the firfi principles ■*
of civil and political liberty, not only the fu- \
preme executive, and the executives of indivi
dual ftates and territories, but all civil and mi
litary officers who may derive any authority
whatever from the chief magiftrate: And it ex
tends the operation of the fufpcnfion of the pri
vileges of the babels corpus, not only to per
fons guilty orfufpedted of treafon, or mifprifon
of treafon, but to thole who may be accufcd of
any other crime or mifdemeanor, tending to en
danger the “ peace, lafety, or neutrality” of
the United Sta’es ! What a vaft and alinoft il
limitable field of power is here opened, in which
executive diferetion may wander at large and
uncontiouled. A vaft and dangerous feene of
power indeed ! It gives the power of dlfpeni
ing with the ordinary operation of the Jaws to
a hurt ofthofz little great men, who are attach
ed to every government under Heaven. I wifti
not to rt fl. it upon any of thole fubordinate
officers who may be employed by the govern
ment of my country.
([Here the door-keeper announced a mefTige
from the Senate, and Mr. Elliot fat down til!
it was delivered by the fecrctarjr. lie then pro
ceeded.J
But no one will doubt that in times of alarm
and danger, many men will he clot lied with,
the functions of office, who are incompetent to
the difereet exereife of fuch boundlefs difereti- 1
on. I can never wilh to fee fuch perfons in
verted with the means of aiming at the heads of
their private enemies, or other innocent and
unoffending citizens, the thunderbolts of pub
lic indignation, or fcorching them with the '
lightning of public fufpicion. Says the po
et—
Could great men thunder, Jove would ne’er be quiet.
For every petty pelting officer
Would ufe his heaven for thuuder.
Let us again afk for evidence of the neceffity
of this meafure ? Certainly none can be pro
duced, for we are informed from the firft au
thority, that if the prefent be not a time of
profound peace, it is far from being a period
of public danger. The leader of this petty re
bellion has been called the modern Cataline.
Undoubtedly he poffcffes many of the qualities
which a ccUbrated ar.cier.t hiftor ian alcribesto
the Cataline of Rome : his genius, his addrefs,
his adlivity, his profligacy: But he is deftituie
j of his means and refources. He yants that
power of doing mifchhf which the Roman con
fpirator poffcffcd. So far is he from being able
to make war upon his country, that he cannot
take poffclfion of a fingle city, lie is rapidly
battening to the fame fate, although hr miy
not meet it in the lame manner. Already i; he
“ damn’d to cverlafiing fame,” or rather
damn’d to everlalting infamy. Already is he
a fugitive. Already a price is fet upon his head, i
In the papers of this morning we lee that the
governor ot Orleans has uttered a reward for
his apprehenfion. We cannot but detert the
traitor, but we can have no fears of the confe
queners of the treafon. Mr. E. concluded by
exprefting a hope that the bill would meet a de
cided vote of r,j.«fl on.
JViR. r,l l Lb. When I feel 4 decided hoftilU
ty to a principle it i, not material to me ir. wha»
torm I meet it. Decidedly oppofed to the
principle ot this hill, 1 (hill vote againft it in
all its It ages, and cannot but hope that the mo
tion of my colleague to reject it will prevail.
Hy this bill we are called upon to exercife one
ot the mod important powers vrftrd in Con
grefsby the eonllitirtion of the U. States. A
power which fafpends the perfonal rights of
your citizens, which places their libeity wholly
under the v.ill ; not ol the executive m.igiflrate
only, but of tits inferior officers. Of the im
portance of this power, of the caution \vhi< h
ought to be employed in its exercife, the words
ot the conflitution afford irreliltible evidence.
The words ot the cor-ftitution are “ The pri
vilege ol the writ ot Habeas Corpus (hall not he
lul'pended urdefs when in cafes of rebellion or
invalion the puolic fafety may require it.” The
wording of this claufe of the conftitution de
ferves peculiar attention. It i$ not in every cate
of invalion, nor in every cafe of rebellion, that
the exercife of this power by Congrefs can he
jullificd under the words of the conftitution.
The word* of the conftitution confine the ex
ercife of thus pow- r excluftvely to cafes of re
hellion or invalion where the public fafety re.
quires it. In carrying into elfcdl molt of the
important powers of Congrif*, fomething ii left
for the exercife ot it* difcretion. We raife ar
mies when in our opinion armies arc ncccffary.
We may call forth the militia to I'upprefs’infur
reCtion or repel invalion w hen we coniider this
mcature nccetfary. But we can only fulpend
the privilege of the Habeas Corpus when ii\
cafes ot rebellion or invalion the public fafrty
requires it.” Well indeed may this caution
have betii Ufed a# to the txcrcile of this impor
tant power. It it in a free country the moft
I tremendous power which can be placed in the
1 hands ot a U-giflative body. It fufpends at once 1
the chartered rights ot the community, and
I places eten thofe who paf* the ad uucier mill’
1 vary de/pot i/m. The conftitution however ba^