Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-17
CONGRESS.
House, OF REPRESEN7'A4IVES.
WEDNESDAY, Fen. IS.

| CCOUtC Ot enc TGSOtEt(CI yUCTcN OV VIZ.
Broom, to make further t5roUision By
tarc 70 secure the frititcge Of the 7vrft
Of HabeaS CORPUS TO persons in custody
under Or by colour ofthe authority cj'tae
United States.
Mr.. BROOM. It will be recoliected by
the House that had the honor of submit
ting resolution to make further provisions
/ by law for securing the privilege of the writ
of Habeas Corpus to persons in custody un-
der or by color of the authority ofthe Uni
tied States.-It was then my wish that it
should lie upon the table III order that menu
bers might have an opportunity of consider
ing the subject, being fully persuaded that
the more it was considered the more evil
dent would the Importance of it appear
F., As it now becomes my duty 20 call the at
tention of the house to the subject, shall
move that the resolution be referred to a
committee ofthe whole house-and should
not offer a single observation in support of
this motion but for the doubts which have
been suggested by several members, Of the
necessity and propriety OF Legislative in
terpositiCn at this time. trust therefore,
that | shall he induiged in pointing out the
necessity and importance of the provision
! which 1t Is contemplated to make l am
sensible that this subject is not familiar to
the maj rity e this house for until now
no circumstance has occurred in this coun-
! try which could make us duly appreciate
the value of the privilege of the writ of ha-
/ beas corpus. In ordinary times the laws
which already exist may be sufficient, for
| in such times there is no temptation to
transgress the limits of constitutional or le-
| gal privileges; but in times of turbulence
! and commotiJn the mere formal recogni-
! tion of rights will afford too feeble bar
/ rier against the infiamcd passions of men in
power whether excited by an incorporate
I zeal for the supposed welfare of the coun.
! try, or by the detestable motives of party
rancor or individual oppression ! could
have wished that circumstances had never
! occurred which would make It necessary
10 fortify, by penal laws, the constitutional
privilege of habeas corpus, and that the
| whole nation from the first TO the least had
| regarded it with such religious veneration
that no officer either military or civil
! would have dared 70 vio'ate it-But re-
cent circumstances have proved that such
a wish would have been in vain, and have
demonstrated more powerfully than any
abstract reasoning, the necessity and i'm
! portance of further legislative provision.
This privilege of the writ ofhabeas COR
pus has been deemed so important that by
the 9th sec. of the lst art of the constitu-
tion, it IS declared that it shall not be sus-
I pended unless, when, i'm Cases O. rebellion
! or invasion, the pubic safety may require
it, Such is the value Of this privilege that
even the highest legislative body of the IL
E, nion-the Legitimate repre- scntatives of the
nation, are not entrusted with the guard =
anship of it, or suffered to lay their hands
upon it, unless, when, in cases of extreme
danger the public safety shall make it ne
cessary.
The suspension of this privilege upon
slight pretences, It was easily forcseen
would destroy its efficacy, and lift depend
ed on the mere will Of congress, il would
become, in the hands of the majority, the
most certain and convenient means to ac-
compli h the purposes of party persecution
or to crafty political or personal rancor or
luminosity. This constitutional provision
was only intended us a check upon the pow
er OF congress N abridging the privilege !;
but was never intended to prevent them
from entrenching it around with sound and
wholesome laws : on the contrary, it was
expected that congress were prohibited
from impairing, at their pleasure, this pri-
vilcgc; that they would regard it as Of high
Importance, and by coercive laws ensure its
operation. By the 18th section of the Judi
ciarv law, l vol l.. u. S page IS, power
is given to certain courts and judges, to
grant he writ of habeas corpus and this
is all the provision made by any act of con-
gress to secure this privilege. Thus the
constitution sanctions the writ, and the act
of congress gives the judges power to grant
, it: but, there is no law of the United States
/, which compels the Judge TO grant it, or the
. officer 60 OBEY it and the only remedy
left to the individual is that which he de-
riVes from the common law Of England Of
indeed, gentlemen will allow 60 that law
any operation in the United States courts
and that very law upon which we now rely
to enforce the privilege, was found, during
: the reign of Charles the second, utterly ~
sufficient, and has ever since the 3lst yeat
of that reign, been considered IT. England
. as only auxiliary in securing the privilege
OF the writ Of habeas corpus.
The Speaker was sorry to interrupt
b the gentleman from Delaware, but mus
observe, that it was not in order to debau
the motion until the house should agrc
/ to consider it.
. Mr. SMILE hoped the gentleman From
p Delaware would be permitted to proceed
r as the subject was a very important ono
Mr.. BROOM then moved TO consider tn
motion of reference, TO which the hous
agreed, ayes ST.
Mr.. BROOM. 7 am sorry that hav
trcspassed uoon the rules Of the House
- assure the House that 1t was not intention
n