The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-30

to the Secretary of Legation, and faid to be en-
titled to the benefit IF the laws Of nations.
The Diftrct Attorney CDaas) read a letter
he had received on.ths fuhied from the Secreta.
rry of State, which fa.ed that Don Cabrera had
been received in an official capacity by our 90
vernment---and Mr.. Dallas further faid, that the
Secretary'hip of Legation had been an oefa-
nmce Mr.. Yrujo's coming to this country, aud
filled by fsvo perfons.
With thefe proofs of bis official fituation,
independent of the Minifter of his nation, the
prifoner's council contended that he was COM
mitted without authority and in violation of the
laws OF nations, and that this Court had iurif.
dletion and would liberate him. Many autho-
rites were adduced to thew the high and indie
feahbie privileges of the public representatives
OF one foreign fate to another. On the other
hand the 18th fiction of the United States iud-
ciary bill was referred tot is in thefe word.
=" Provided that writs of Habeas Corpus fjiall
| IN no cafe extend to prifoners in goal, uneis
where they are in cnttody, under or BY colour
OF the authority of the United States, or are
committed for trial before f,me court of the
fame, or are neceffary TO be brought into Court
TO teftify - within neither of which cafes. II
was faid, did Mr. Cabrera come. he beinr Con-
fined at the ,nftance of the Minifer of ~,
country, to await the fcntence of his own 20.
vernment.
The Court faid, as it was a cafe of confia.-
ra5le confequence, they would hold il upd,r
atlvifement till Monday.
Monday, HprH 90. Don Cabrera beins
brought to the bar, the judges proceeded to
deliver their opinions.
HIS honor Judge PETERS took an extenfv.
and accurate view of the fubjett, in the COURT
of which he obferved, that though the power
OF Congrefs TO leeilate on it, was undouhted
they had never exercifed that power that RI.
fections of the laws relied on for the applicant
on did not comprehend the cafe that no pro-
v'hon bad been made for the prefent cafe thar
the Circuit Court could only have iuriGlicfiop
ifprocefs had been iffued out of that CONT
that this cafe could not be brought within ths
purview of the 18th fiction of the Tudiciarv
bill, which on the contrary was executive oft
and that his opinion was the prifoner cou,d
obtain no redrefs in this court.
His honor Judge Wilmington, ohferved.
that there was no location TO examine into th,,
authority by which Don Cabrera was in or
1nement, till the jurifdi6tion of this court TO re-
lieve him fhould be observation-disclosures the docu.
ments produced fhewed the prifoner to be in
comn,i1ion from his nation, and fubied TO the
laws OF natlons--that the natural tribunal for
iuch an application as the prefent was that
wherein procefs was depending, which copld
not be urged as the cafe here that the 18th.
feet. of the Judiciary bill was not applicable.
but that the 18th was, for it took the priloner
out VI tnc SiTCuIt SOurt S power: that howe
yer ne might be of opinion that Congrefs H,ou,d
have occupied the whole ground allowed th.n
by the contribution, it was not his fentiment
that it was the part of an American Judge to en-.
large disqualification, his powers being limited
and he concluded that the prifoner mutt be re-.
| manded.
Don Cabrera having obtained permiflion to
fpeak to the Court, perfon who appeared TO
oe an INTERPRETER, read paper nearly to the
following effect:
When the King, my Matter, conferred ON
me the commifiions have the honor TO hold.
he exempted ne from every iurifdiction what.
ever but his own. Ifthe Governor ofthis fate
violating the mott facred privileges, has taken
on himfelf to imprifon me, there mutt be fome
power fomewhere to protect me--Where fhaI
find it s@Shall pats from court to court. fi,f.
feriug affronts and infnlts (? The nations of En-
rope will hear with aftonilllment that the pub
lie miniiter of crowned head has been eight
months in imprisonment in Republican Aner;-
CA declare, then, that proclaim mvEelf
FREE, and that if violence be exercifed arainN
me, mall defend my privileges at the expence
of my life.
Here the reading was interrupted by Judg.
PETERS, who faid that he could not fit and hear
the peace Threatened, and that if the priGonrr
had any thing to fay which his council approved
OF, he would hear it. As, however. iudo,
WASHINGTON faid he had no objection TO hear
ing him, Judge Peters confented to his going
on. The interpreter then read----
fball prove in this manner, am WORTHY of
the character with which the King, nv Matter.
has honored me.
THE Pyijoner evas remanaed.
Don Cabrera appeared at the bar in full ruit of
regmentals, fword, &c.
An erroneous ltatement having been given in
the Englilh prints of the naval engagement IN
which the following official letters refer. we
publifh them for the purpofe ofconefing If.
Nat. Intel
The captain de Frigate, Outlet, command
ing the frigate La Vile de Milan.
To his excelleDcy, the minlter of the ma.
rine & Of the colonies at Paris.
.Ionfeigneur,
have the honor to inform you that the fri
gate La ViNe de Milan, which departed from
the French fort at Martinique, on the 10th Pn-
vofe current, on the 9th of the fame month.
in 2s, 90, north lat. and &C, 8, wet long. from
the MERIDIAN of Paris, fell in with an Englilb
frigate which we obferved to avoid us. The
next day, in lat. 80, and long. 81, we again
law her, purfiiing us being the better failer,
H.