The Wheeling repository — Wheeling, Va. [W. Va.], 1807-03-05 00:00:00, page 5

{ merit. They prostrated, not only the
v rights of the citizens of Ohio, hut the
rights of every man descending the O
hio river, at the feet of their Governor.
Upon his warrant, or upon the warrant
of any person Whom he might appoint,
any man might be arrested, and every
description oi property detained. Un
der this act innumerable vexations have
been suffered. Individuals have been
arrested, property seized, and travellers
interrupted, in violation of the funda
mental principles of the constitution.
It may be asked, where was the neces
sity oi this act? The ordinary course of
justice was in no way obstructed; and
certainly it was competent to bring to
punishment all, who had, or might vio
late the law. It is never customary, and
never can be proper, to resort to violent
measures, except when the civil autho
rity is interrupted, or intimidated. None
will pretend that this was the case in O
hio. If any person will now look back
on the state of things at the time this act
wots passed, I am persuaded he will sa\
" that such high-handed measures were
unnecessary. None can believe that
there was danger the country’- would he
severed from the Union, while the peo
ple manifested nothing but a steady at
tachment to it. None will seriously as
sert, that this country could lie susj 11
gated by* a handful of desperadoes. Why
then was a military, ora mixture of mi
litary and civil despotism, erected in O
hio ? Not because her Legislators were
actuated by improper motives, but be
cause their zeal and their alarms out
stripped their understanding.
I he vigorous, energetic and oppres
sive steps, which have been taken to
crush this contemptible conspiracy, will
produce other bad consequences, besides
immediate vexations. Foreigners will
believe that we could not have been so
much alarmed, hut from a consciousness
of internal debility. Hereafter this pro
ceeding will serve as a precedent to jus
tify similar measures. It is in times of
embarrassment and disturbance that all
dangerous precedents are established.
This power of placing all authority in
the hands of a Governor, if it is once re
cognised, may hereafter be used for a
purpose very different from the present.
A pretext will never he wanted, and in
the hand ol an ambitious or dishonest
Legislature, may he fatal to liberty.
I he steps taken on the1 Ohio, though
abundantly mischievous, are- almost
harmless when compared with the con
( 5 )
duct of General Wilkinson at New-Or- |
leans. The outrages which have been
committed there, are such a3 six months
ago, no man ever expected to see com
mitted where the authority of the Uni
ted States prevailed. Individuals have
been arrested upon a military order, for
an offence against the civil authority,
and without being confronted with their
accusers, heard in their defence, or hav
ing an opportunitv to produce proof of
th eir innocence, have not only been im
prisoned, but transported like convicts
from the country. Nor is this all. The
courts of law have been set at defiance.
A military officer has had the temerity
to appear in a court of justice, avow his
illegal conduct, and his determination to
persevere in it, in defiance of the process
of the court. This daring outrage on
propriety; this insult on the law and the
government, the Judges have basely and
tamely submitted to.
A transaction of this nature calls for
the indignation of every friend to per
sonal liberty. The guilt of Bollman and
the treason of Burr have nothing to do
u ith the subject. Where the law is dis
regarded, the innocent and the guilty
must he involved in one common dis
tress. Admit that Bollman is guiltv,
how can that extenuate the conduct of
\\ ilkinson ? He was on the spot: the
proper authority could have been appli
ed to; or when arrested, he might have
been brought before the proper tribunal.
His guilt could there have been enqui
red into, and regular proceedings had.
W as there danger that the court would
not do justice ? It was Bollman who
had cause of alarm on that score. The
court do not appear to have had any pre
possession in his favour. Was Burr at
hand with an army ready to rescue him?
Was the country swarming w ith trai
tors? No. No such excuse can he of
fered. Wilkinson was lording it over
every thing. Neither the laws of the
land, nor the laws of humanity, present
ed any obstacle to his exercise of unli
mited and despotic authority. In ex
tenuation of his conduct, Wilkinson and
his friends set up the monstrous plea of
state necessity. Yet we cannot see that
this necessity existed. And if it did, I
hope we are not prepared to permit the
General of our army to avail himself of
it, and under such a pretext set himself
above the law.
I have said, that where this doctrine
prevails, the innocent must suffer with
the guilty, I may adduce the case of
r-T 'fllfil
■P
Mr. Alexander as proof. By the order:
of Wilkinson, he was arrest*^, dragged
from his business and his home, confin
ed, like a felon, in prison, his character
covered with suspicion, his prospects in
business blighted and destroyed, and his
person transported from the country.
When he is brought as a criminal to the
city of Washington, no crime is ailedg
ed against him and he is discharged.—
For what offence was he arrested? Why
Gen. Wilkinson suspected him of trea
son. He was arrested upon suspicion.
No// He had the courage to oppose
the illegal and tyrannical conduct of
Wilkinson. He endeavoured to main
tain the insulted dignity of the laws.—
He appeared as attorney for Bollman,
and obtained from the court a writ of
habeas corpus. He threatened Wilkin
son with a writ of attachment. It was
lor this offence; for this treason against
the usurped authority of a military des
pot, that he was arrested// What re
compence can he everobtain, for the loss,
insult & injury he has sustained/* Bring
an action against Wilkinson for damages.
He can get nothing. The man who can
not pay for the buttons on his coat, may
well disregard the law which makes him
“ liable for damages.’’’
Had the Judges at New-Orleans as*
serted the dignity, and maintained the
authority of the law, this evil wquIcI
not have happened. Alexander’s con
duct would have been examined on the
spot, and his innocence established ; or
il doubt threw suspicion on his conduct,
he could have been bailed or committed.
He would not have been transported to
Washington, innocent of any offence, or
to be acquitted if guilty.
It is sincerely to be hoped, that nei
ther Wilkinson nor the Judges will e
scape with impunity, though Wilkin
son may fetl no concern about his w lia
bility for damagesthe loss of his com
mission and employments would not set
so easy upon him. Though the Judge*
are not w liable for damages,” they may
be subjected to deserved contempt and
detestation. The Judge who shrink*
from his duty, and cringes before the in
solence of power, is as unworthy of hi*
trust as he who becomes the active in
strument of oppression. The memory
of the English Judge, who committed a
Prince of Wales to prison, is regarded
with respect and veneration ; while the
name of him who acted as an humble
tool ot power, is never mentioned but
with detestation. CAMILLUS.