Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-05-01

| color OF authority oftI,e United States '
are committed for trial before some cauf
of the same, or are necessary 10 bs
brought, into Court to testify" within
neither OF which cases, j, was said' aio
, MIR. Cabrera come, he being confined ~
the instance oethr Minister of his cquh'
try,.to await che sentence OF h's own rso-1
vernment. ~
81 The Court said,as. il was case OF com
siderable consequence, they wciiio ho'o !.
. under adyisementt till Monday.
Af5rdcv, .1jtyR 20. Don Cabrera being
brought TO the bar, the Judges proceed.
( ed 10 deliver their opinions. -
/ Hishonor Judge PErERs took an extern
siye and accurate view Of the subject, in
| the course Of which he observed, that
| though the power OF Congress to Iegisiate
on it, was undoubt-d, they had never ex
crciscd that power; that the sections of
the laws relied on for the application did
not comprehend the case; that no provi.
sion, had been made for the present case |;
that the Circuit Court could only have ju-
risdiction il process had been issued out
ct that court; tina, this case could not be
brought within the purview OF the 18th
section Of the judiciary bill, which on the
contrary was exclusive Of it--and that his
opinion was the prisoner could obtain no
redress in this court.
His honor Sudge WAsHIxGroM, oh.
served, that there was no occasion 10 ex-
anime into the authority by which Don
Cabrera was in confinement, till the iucis-
! dietion of this court to relieve him should
be asccrtaincd--that the documents pro-
iaccd Showed the prisoner to be in com
mission from his nation, and subject 10
the laws OF nations--ihat the natural
tribunal for such an application as the pre-
sent was that wherein process was de-
pending. which could not be urged as the
case here; that the 18th section of the
Judiciary bin was not applicable, but that
thes +tt was, for it took the prisoner out
ofthe Circuit Courts power; thcthowever
he might be of opinion that Congress
should have occupied the whole ground
allowed them by the constitution, il was
not his sentiment that it was the part OF
an American Judge to enlarge his iuris-
diction, his powers bling limited and he
concluded that the prisoner must be re
maoded.
Don Cabrera having obtained ,permissi-
on TO speak to the Court, person who
appeared 10 be IN Interpreter, read a pa
per nearly to the following effee:
Vixen the King, my Mlstrf. conferred on me
the Commissions have the honor to hold he ex-
empsed me from every jurisdiction whatever bu,
his own. If,hc governor nf this state. violating
the,'ost sacred privileges, has taken on himself to
irprison rae, there mast be some power some
where TO pro'ea me Where shall find itli--
Shall pass fra court Court, suffering llronts
and Insults The nations of Europe will hear
with as,onishrnenr that the public minister of
crowned head has been eight months in irnprison-
ment in Republcan Anerica.--I declare. then,
tina. prco!lm myself FIRE. u. and thar if violence
be exercised against me, shall defend my priv.
leges ct the expense efmy life.
Here the reading was interrupted by
Judge PKrRss, who said that be could
not sit aud hear the peace threatened, and
chat if the prisonnf had any hing % gay
which his counsel approved of, he would
hear it. As. however, Judge WAsHtNG-
roS said he had no objection to hearing
him, Judge PETERS consented to his go
ing on.a The interpreter then read
shall prove in this manner. am worthy OF
,he character with which the King, my Master,
has honoycd me.
The Prisoner svds remandfd.