Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-06

Indeed IL some persons should elude Justice,
1t would not endanger society so material
~ as to come within the terms of the con-
stitution. He observed it appeared to him
the commencement OF an insurrecton was
I the only time when the writ of Habeas
Corpus ought to be su spended; when the
seizure OF the ringleaders, by dismaying
the inferior agents, would enable the pro-
vcrnment, without the efiiusion of blood, to
suppress it. But it was manifest that at
this moment every thing intended by the
conspirators was effected, or they were in
the hands fthe civil authority there was
| therefore no good reason to take this pre-
cautionary step with that view-whiIe on
the other hand it would unavoidably pro-
duce unnecessary alarm, and much incon-
venicnce to the citizens Of the u. S M
thing but the most imperious necessity
would excuse us in confding to the e,ecu-
Tive or any person under him, the power
ofseizing and combining a citizen upon bare
| suspicion for three months, without res
possibility, for the abuse of such unlimi-
| ted discretion. Mr.. B. said he could Judge
from what he had already seen, that men
who are perfectly innocent, would be doc
med to feel the severity ofconinement, and
u3dergo the infamy Of the dungeon. What
reparation can be made to tn use who shall
1 I u. -.
( have just reason to rcproach their repre-
/ sentatives wi h wantonly sacrificing their
dearest interests, when from tho facts pre-
sented to this House, it seems the country
was perfectly safe, and the conspiracy near
! " annihilated. Under these circumstan-
ces there can be no apology for suspentling
tie privilege of the writ Of Habeas Cor
! puG, and violating the constitution, which
declares ''the writ of Ha5eas Corpus shall
not be suspended, unless when in cases of
7 invasion or rebellion the fE6Hc Safefy may
require it''
Mr.. B. said lie hoped he had shewn that
admitting the two cases ssecified in the
constitution existed, they ere not accom-
panied with such symptoms If calamity as
rendered the passage of tn 5ill expedient
What, in another point II light, would
be the effect of passing sue law Would
it not establish dangeroRs precedent A
corrupt and vicious ADM tration under
the sanction and examples his law, might
harrass and destroy thefxs men of the
country. It would only bSa,e, sasary to ex-
E cite artificial caSr-3 oe;c IS, . rculate exag-
J gerated rumors of danger, and then follows
8 the repetition of this law, 81 which every
obnoxious person, however honest, is sur
. rendered to the Vindictive resentment oil
the government. twill not be a sufficient
answer, that this power VIII not be abu-
scd by the President of the United States
He, Mr.. B. believed, would not abuse it,
but it would be impossible to restrain all
, those who are under him. Besides he would
not consent to advocate principle, bad in
, itself, because it will not probably be abu-
: sed For these reasons Mr. B. said he
should vote to reject the bill.
Mr.. ELLIOT said that he regretted
, the mot,-- TO 2eiecs Tie billhad been made,
because, considering the subject OF very
great importance, he thought ilosI pro
per that 1t should take the usual 'e'Se VI
: business, that the bill should be read
cond time, and referred to committee o.
the whole, for the purpose Of deliberation
: and discussion.
Cai,ed upon, however, said Mr.. E. to an
swer to the question, shall the bill be re-
jeCted must answer that question in the
) affirmative, as / should deem it NV duty
: to advocate itsrejection, in any form which
, it might assume, and in any stage of its
progress; and deem it equally nv duty.
on the present occasion, to express NV
sentiments upon the subject. It is indeed
: difiicuIt for me, consistently with the sim
} cere and high respect which entertain
: for the source from whence this measure o.
IiSltiGNCuj lO CNpTtSS III QeCOrOuS terms the
: hostility which feel to the proposition.
am therefore disposed to consider it as an
: original proposition here as a motion in
this body to suspend for limited TIME, the
privileges attached to the writ Of Habeas
Corpus. And in this point of view am
prepared to say that it is the most extra
ordinary proposition that has ever been pre-.
: isented for our consideration and adortion.
; iSir, what is the language of our eonstituti
on upon this subject "The privilege OF
the writ of Habeas Corpus shall not be sus-
> pended, except when IN cases of invasion
, or rebellion the public safety shall re-
} quire it." Have we right to s,ls-
t, )pcnd it in any and every case of invasion
and rebellion So far from it, that we are
under a constitutional Introduction to act.
; unless the existing invasion or rebellion.
nv our sober Judgment, threatens the first
principles Of the national comUact. and
the constitution itself IN other words we
can only act, in this case, with view 10
national self preservation. We can sus.
! pend the writ Of habeas corpus only in A
; case of extreme emergency that alone is
the sai5ss fofiuH which will Justify this lea.
sahrem0. And is this a crisis Of such ay
. full moment Is necessary at this time TO
constitute di dictatorship, to save the peo4
pie from themselves, and to take care that
? the republic shall receive no detrimept
What is the proposition To create sin
= gle dictator, as In ancient Rome, in whom
= all power shall be vested for time No.