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

ieeu, tDat men VINO are perfectly innocent,
would be doomed to feel the feverity of con-
fnement, and undergo the infamy of the dun
geon. What rcparation can be made to thofe
who !hali thus fuffcr? The people of the u.
S. would have jun reafon to reproach their re-
prefcntatives with wantonly facri6cing their
dearea interehs, when from the facts prefented
10 this Houtc, It feems the country was per-
feetly fafe. and the confpiracy nearly annhilat-
ed. Under thefe circumstances there can he no
apology for fufpending the privilege Of the
writ of Habeas Corpus, and violating the con-
Ritution, which declares {" the writ of Iiabeas
Corpus fhall not be fufpended, unlefs when in
cafes of invaiion or rebellion the public -latety
may require it,"
hitting the two cafes fpecfed in the condtuti-
on exifted. they were not accom- panied with
fuch fymptoms of calamity as rendered the pat
fage of the bill expedient.
What, in another point of light, would be
the effect of pafiing fuch law ? Would il not
etablifh dangerous precedent /? a corrupt
and vicious administration under the fanSion
and example this law, might harrafa and de-
troy the bcf men of the country. 1t would
only he necctlary to excite artificial commot.
ons, circulate exaggerated rumours of danger,
and then follows the repetition of this law, by
which every obnoxious perfon, however honet,
is surrendered to the vindiftive recruitment of
the government. 1t will not be frf;cient an
fwer, that this power will not be ahufrd by the
prefent Preiident of the u. S. He, Mr.. B. be.
lieved, would not abufe it, but it would be
impoiIible to refrain all thofe who are under
him. Beiides he would not content to advo-
cate principle, bad in itfelf, becaufe it will
not probably be abuied. For thefe reaions Mr..
B. faid he ihould vote to reject the bill.
ETIInr>
motion to reject the bill had been made, be =
caufe, coniidering the fubject of very great i'm
portancc, he thought it mott proper that it
fhould take the ufual courfe of buiinefs, that
the bill ihould be read fecond time, and re-
terred to committee of the whole, for the
purpoies of elaboration and difcufiion.
Called upon, however, iaid Mr. E. to anfwer
to the quetion, ihall the bill be reiected? |
mutt aniwer that queltion in the affirmative, as
ihould deem it my duty to advocate its re-
jettion, in any form which it might aiinrne,
and in any fage of its progreis and | deem it
equally my duty, on the preient location, to
expreis my ientiments upon the fubject. II is
indeed difficult for me, confidently with the
iincere and high reipect which entertain for
the iource from whence this meafure original
ed, to expreis in decorous terms the hoiliity
which feel to the proposition. am therefore
ditpofed to conGder it as an original propoliti-
on here as a motion in this body to fufpend
tor limited time, the privileges attached to
the writ OF Habcas Corpus. And in this point
of view sm prepared to fay that it 10 the moit
extraordinary proportion that has ever been
preiented for our confederation and adoption
| Sir, what is the language of our contribution
upon this fubjett g. The privilege of the
writ of lIabeas Corpus ihall not be fufpended,
except when in cafes of invallon or rebellion the
If,tlt liz {,fa Gall
to fuipend 1t IN any and every cafe of inyafion
and rebellion? So far from it, that we are un.
der constitutional Introduction TO act, unleis
the exiting invaon or rebellion, in our fober
Judgment threatens the frit principle of the ma.
tional compact, and the contribution itfelf In
other words we can only act, in this cafe, with
view to national felf prefervation. We can
iuiPend the writ of Habeas Corpus only in a
cafe OF extreme emergency that alone is the
(a!aJ P0puE which will juitiiy this lex G1bren,a
And is this criiis of fuch awful moment 4? Is
1t necehary at this time to Confttute dictator.
ihlp, to fave the people from themfclvcs, and
to take care that the republic filall receive nc
detrlment What is the proportions? 10
create Jingle dictator. as in ancient Rome, in
whom all power mall be velted for a time
No. TO treat one great dictator, and multi.
tude, an army of fubaltern and petty defpots
10 invite, not oHly the Prelident of the u. s,
but the governors of itdtes and territ cries, and
indeed all Perfons, deriving civil or military au.
thorlty from the iupreme executive, with un.
limited and irrefponf5le power over the Der.
fonal liberty of youl citizens. Is this one OF
thofe great CRIES that require a fufpenf a
temporary proftration of the contribution itielf
Does the ftately fuperltrueture of our republic
thus tremble to its centre, and totter towards
its fall Common fenle NUT give a negative
antwer to thofe quefions. What are the facts
1t is indeed cafe of rebellion. We are Off.
cialy informed that rebellion has reared il,
hydra front in the peaceful vallies of the wet
But we are alto informed by the executive tina,
treaion has no profpeGt of fuccefs that the
fugitives from the Ohio, and their Allocate,
from Cumberland, cannot threaten ferrous dan.
ger even to the ctyof New Orleans" Not q
Jingle city, fill lefsa territory or fate, is on.
lidcred III danger and the executive not only
poiieiies all the information which has been
communicated to us, but much more, for we
are informed that the communication has been
made under the reieryation contained in the re.
foluion requelting it, and of courle all the facts
in the knowledge of the executive, which are
deemed improper for difclofure at this time
have been kept back. And the executive, poc
| ieifDg all this information, aiIures us that the
public lafety is not endangered. Can we, un.
der theie crcumaances, content to the inyeGi
ture OF dftatorlal powers in that department,
of the government which thus ahures us tina,
all Is fate II would be Contrary TO the Cpirit o
the contribution.