The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-02-10


On receiving this bill the doors of the uoufe
were coied. They were opened about noon
when, we nnderifeod, that motion made by
MIR. Burwell to reject the bill on the firft read
ing, was depending a meffage having been
received from the Prefident of the u. s. con-
tanning additional Information on the fuhied of
the confpiracy, Mr.. BurwelI withdrew his mo-
ton until that ihould be read.
The Mefiage having been read, MIR. Burwell
rerewed his motion to reject the bill.
Mr.. STANFORD feconded the motion.
Mr.. BURWELL faid he was unacquanted
with the particular reaions which had induced
the Senate to pats this bill. None had been af.
hgned when the bill was communicated, and
no additional documents prsfented. He could
therefore only be governed by that information
which the Houfe had received and he believ-
ed that would juRify the motion before the
Houfe. The PRECEDENT in his mefiage of the
e2d, iays, " on the whole the fugitives from
Ohio and their aiiociates from Cumberland, or
other places in that quarter, cannot threaten
/erions danger to the ally ofNesv- Orleans" If
that be the cafe, upon what ground lhan we
fuipend the writ of Habeas Corpus? Can any
perfon imagine the u. S. are in danger after
| this declaration of the Prefdent, who unauef.
tionably pohehes more correct information than
any other perion can be fuppofed to have. In
another part of the neifage we are informed.
| that the perfons arreited at New Orleans have
been embarked for fome of the Atlantic ports.
probably on the confederation that an Impair
tial trial could not be expected during the pre-
fent agitations of New-OrIeans, and that that
city was not as yet fate place of confinement.
AS ioon as theie Perfons ihall arrive, they will
be delivered to the cutody of the law, and left
to tuch courfe OF trial, both as to place and pro-
GELS, as Its tunctlonarlcs may direct the pre-
fence of the bighett judicial authorities to be
aflembied at this place within few DAYS, the
means of purifying a founder courfc of proceed
ings here than elfcwhere, and the aid of the
executive means, fhould the judges have occa.
hon to uie them, render it equally delirabe,
for the criminal as for the public, that being
already removed from the place where thew
were apprehended, the firlt regular arret fhould
take place here, and the courfc of proceedings
receive here Its proper DIRECTION" The Pref
dent evidently holds out the idea, that the cor.
rect and proper naptc Of proceeding can be had
under the exiting laws of the u. S. Thefe
perfons may be transferred from the military to
The civil! authority, and BE proceeded aeainf
| according to law. Thoie therefore who fear
the efcape of the traitors already apprehended,
and would by this meafure obviate the difficult.
ty, mutt perceive that confequence would not
enfue. MIR. Is. faid he fhoud ceniider the fuf
penilon OF the Habeas Corpus as holding out
an idea OF danger and alarm, which was highly
improper, inatmuch as it did net exit. II is
true this confpiracy was once formidable. ex
tenive ard threatening but it has been diff
pated by the vigilance of government. He
would ak gentlemen, if they ferioufly believed
the danger iutiiclentIy great to juftify the iuf-
Penilon OF TINS mott important right of the citi-
Zen, to proclaim the country in peril, and TO
adopt mealure 70 pregnant with mitchell, bv
which the innocent and guilty will be involved
IN one common deftruclon. He faid this was
not the flrlt inltance of the kind iuce the for
| nation OF the federal government there had
been already two infurreetions in the II. & both
of which had detied the authority of Conerefs.
| and menaced the union with diGolution. Not.
wi;btandlng one OF them luitfed, the calling
out or 5000 NEIL and the expenditure of one
million OF dollars, he had not heard of propo-
ntlon to fuipend the writ of Habeas Corpus.
What then will be faid of us, if nszv zubeu the
danger is sUer, firm in the attachment of the
ProPle to the union, with ample re(ources to
encounter 9ny difficulties which may occur, we
reiort to meaiure TO harih in its nature, CD.
preihVe IN Its operation, and ruinous as pre-
cedeDt While in former times, it was
| thought unfafe to lufpend this mott important
and valuable part of the contribution, he would
| ak whether the necefiity at the prefent time
could be conlidered greater With regard
to thofe Perions who may be implicated in the
SOHiPHdS11 u tHS VIII OF ItdOe2S Corpus be not
| iutpended, what will be the conieuuencc
| When apprehended they will be brought be-
fore curt ofJuaice, who will decide whether
| there is any evidence that will jufify their COM
mltment for further profecution. From the
| communication of the executive it appeared
| there was fufficient evidence to authorize their
commitment. Several months would elapie be-
fore their final trial, which would give time to
collect evidence, and if this fhal be fuficient
| they will not fail to rec Give the punifhment
merted by their crimes, aud inflicted by the
laws of their country. Mr. B. faid he could
conceive no injury that would refult on this
| icore; and indeed if fome perfons mould eude
juftice, il would not endanger fociety 70 mate.
| rally as to come within the terms of the conni-
tuition. He obieryed it appeared to him the
COMMENCEMENT OF All infurreetion was the only
time when the writ Of Habeas Corpus ought to
be iufpeuded when the fcizure of the ring.
leaders, by dlimayiDg the inferior agents, would
enable the government, without the tRusoB Of
| blood, to iupprefs it. But it was manifeR that
at thi: moment every thing intended by the
coniPirstors was Effected, or they were in the
hands of the civil authority there was there
fore no good reafon to take this precautionary
Rep with that view-whiIe on the other hand il
would unavodably produce unneceilary alarm,
'ch Inconvenience TO the citizens Of the
Nothing but the mott imperious neceGty
=, I'D execute US IN couiid,ng TO the executive
or any perion uGder him, the power Of feizlng
1 ~nuEntp., -st l,,C- 4