Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-17

vision by law may be necessary to secure to
the people of this country the privilege of
the writ ofhabeas corpus, which gentlemen
avow to be the object of this resolution. The
right as it now stands is secured to the pco-
pie by the constitution. Every Judge ofthe
u. >. has power to grant the writ, and e.
very citizen of the u. S. is bound to obey it.
But, says the gentleman, if judge refuses
it, what are you to do The penalties ofthc
statute of Charles the Cd are not in force
here. say remove the Judge from Office.
Hyourprovsions OH this subject are defcc-
tive, amend them. Let the Judge, like G.
very other individual, feel responsibility,
and he will be honest. The idea of enfor-
cling high responsible officer to do his duty
by pccuniary fine is departure from the
principles of our government. No instance
can be produced under the government,
OF an officer of trust being compelled by pc
, cuniary fine to discharge his duty. The
true principle of republican government
| is this-dismiss from Office faithless SER
wants. But would ask, suppose Judge
violates any other right secured by the con-
Stituton Suppose he violates the freedom
OF speech by Furnishing a citizen for words
| spoken! Suppose he refuses to citizen his
constitutional right of trial by Jury, and
subjects him TO punishment without trial
by his peers Would you in these nstan-
ceS, say he should be subject to fine No,
slr. Let such a Judge be disgracetl-let
nm be turned from public employment
Let not the purity of justice be sullicd, by
having on your bench, men, who dead TO
the feelings ofpatriotism, and unmindful of
their constitutional oath, must be comnellcd
| by fines and penalties to discharge their
duty. The power of enforcing this writ as
1T stands under the constitution and laws of
the u. >. is complete. 1t is enforced in
the same manner with all other process is
suing from the courts Of the l.. S. The
Judge must in the first instance send the
marshal. If the writis disobeyed, he takes
! the posse comitatus. If this is not suf!ici-
ent, the Judge certifies to the executive that
| the laws cannot be carried into effect, and
the arms OF the nation must be extended to
! support the Judiciary. This is no theory.
lthas already been acted upon in this coun-
! try. On the certificate of a Judge that the
laws could not be enforced, the militia were
marched to the western parts of Pennsyl-
vania. If your Judges have no power to en-
force the writ ofhabeas corpus, should be
glad to know how they enforce anv other.
1t was not because the privilege of the writ
or habeas corpus is not sufficiently secured
1T was not because the judges refused to- is
sue 1t or wanted power to enforce it that
'4iiS NiOlSttiOl vi right mas occurred, but be-
cause the persons who might have claimed
this privilege were suatched under peculiar
circumstances from their jurisdiction AS
the gentleman from Delaware has thought
proper, on motion to commit, to enter in
to discussion ofthe merits of this PROPOSE
| ton, have made these observations. !
have no objection 20 refer the resolution to
a committee for the purpose of fall and
fair discussion. | have no hesitation, how
ever, in declaring that it is only to allow an
opportunity for discussion that I shall vote
for the reference. I do not believe that
any additional provisions are necessary to
secure to the people of this country the pri-
viiege the writ of habeas corpus. On the
contrary, do firmly believe, that this right,
like all others secured by the constitution,
can neverb lost, or violated with impuni-
ty, until corruption shall have destroyed the
| principles of our government.
CDebate 10 be Continued.
| Mr.. Bur1OeH'S 8heech in our merit.