The Wheeling repository — Wheeling, Va. [W. Va.], 1807-03-19 00:00:00, page 1

THE
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(^■°- 3-) THURSDAY, March 19, 1807. (Vol. 1.)
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FOK THE WHF.F.I IN.; REPOSITORY.
MY thanks are J"e to Hrenuus.—
Is very controv rsial antagonist,
wh . writes in the shf! of a scholtr, and
the loitfiurfc o! a commands
mv esteem. II, in ad id ion to the e, he
pin I ices such urgunmn as force con
viction on my mi?'!, he immediately
serzes the strong hohl of mv affections.
I am directiv mould' d to Ids purposes.
My pri le oi opinion is h tm!;Ic(l, and I
feel a pcculi ir satisfaction in acknow
ledging, di .t I have been mistaken, and
«m convinced of mv error.
Such impressions have the arguments
of Hrennus produced. He has, in a few
words, pi at. <1 tlie condition of the coun
try, an 1 the conduct of the Ohio Legis
lature, in tli dr true point of vi -\v. He
»ia • s itisfieel me, tint in I) eemoer lust,
th" pcopl • of the V/< ,teni Com trv had
ju' t cause of alarm ; that it wo ii. 1 have
n rashness and temerity, at tlut time,
to have considered the conspiracy as tool
contemptible to excite alarm, or deserve '
attention. He has enabled me to per
ceive, that my former opinions were
predicated on a mistaken view of the
subject. I did not distinguish the wide
difference, between open rebellion, and
secret conspiracy and treason ; nor re
collect, that the events which were known
at the time I wrote, could not possiblv
have been foreseen in December. I
submit myself to his better judgment,
and acknowledge, that the Ohio Legis
lature w should be judged In-the evidt nee
which was before them at the time they
acted.'’ I admit, that the view taken by
Brennus, of the condition of the coun
try, and ot the facts which were before
the Legislature, is correct; and with the
most hearty good-will, join in his con
clusion, “ that it was the duty of the O
hio Legislature, to take every legal and
constitutional measure, to crush a deep
and daring treason.”
f he unalterable emphasis placed up
on the wordy u legal and constitutional”
by Brennus, cannot escape observation.
He declines an examinationof this point,
an l chooses to vindicate the proceedings
of Ohio, in such terms as not to make
himscli responsible for their constitu
tionality. lie succeeds in demonstrat
ing, that there was a necessity for the
Legislature of Ohio to act, and to act
with promptitude and energy, but he has
not shewn that this necessity could jus
tify a violation of the constitution ; nei
ther has he admitted, or denied, that the
ar t of th-- Ohio Legislature is constitu
tional. When I join Brennus in his
conclusion, 1 wish to he explicit. 1 de
clare I do not approve the act which the
Legislature adopted, because I consider
it unconstitutional.
I am not at present disposed to inves
tigate the constitutionality of this act;
bi t, for the satisfaction of those avIio
have not an opportunity (.f ix ing inform
ed on the subject, 1 publish the follow
ing extract from the Ohio constitution,
tog *hcr with the copy of a warrant is
su-. d under the act in question. They
1 will throw some light on the subject.
Art. 8. Sec. 5.—u The people shall
be secure in their persons, houses, pa
pers and possessions, from unwarranta
ble searches and seizures ; and general
warrants, whereby an officer may be
commanded to search suspected places,
without probable evidence of the fact
committed, or to seize any person or
persons not named, whose offences are
not particularly described, and without
oath or affirmation, are dangerous to li
berty, and shall not be granted.”
“ The State of Ohio to David Bonner,
Coroner of the County of Ross.—You
are hereby commanded to take the body
ol Dennis Cassat, it he be found in your
County,and him safely keep, so that vou
have him forthwith before one of the
Judges of our Supreme Court, in Chili
cothe, to answer to a charge OR viola
tion of an act of the General Assembly
ol the State, entitled,u Ait act to prevent
certain acts hostile to the peace and tran
quility of the United States, within the
jurisdiction cf this state—and for so do
ing, this shall he your sufficient warrant.
Given under my hand and seal, this 10th
day ol December, in the year of our
Lord 1806, and of the independence of
this State, the 4th.
“ EDWARD TIFFIN,
Ctowrnorol die btate oi Uhio.
“Summon Richard S. Thomas, Mi
chael Baldwin, and Elias Eangham, as
evidences to the State.
“ EDWARD TIFFIN.”
“ A copy. Attest,
‘ “JOHN M‘DOUGAL,Clk.”
Every man who reads the foregoing,
will recollect, that no warrant can regu
larly issue, even for an assault and bat
tery, w ithout reciting that complaint had
been made by some person, whose name
is stated in the warrant, upon oath. E
very man will see, that this article of the
constitution has expressly provided,that
without oath or affirmation, a warrant
shall not be granted. Yet upon the fore
going warrant, a citizen w as arrested,
and detained in custody, charged with
an high offence, although it appears to
have been issued “ without onlk Or
mail on," although it dt*?3 not name anv