Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-03-27

wf's bsbeaS eospus the canduc, of
Vgili1hs2sl wa qaiss aaa,ier thing.
pr. Qsalney {aNassJ SO long az >,
ntsftlon aPpssred 10 make This par.s
QUESTION, had no iecIlaa.ioa to in,ermsS
div with il. The subject seems TO me -
b Of too high nature. and too deeply =
be connected With .hs rights aad liber,is.
/ Of US all, TO be examined lader those mar,
row and temporary We've, which party sn :
srit nscessariy introduces. Since the dis.
cussien has assumed H,ilder aspsc,.
shall offer few considerations hnlting
myself to very simple .aad brief elusida. ;
ton ofthe subject, 10 a point view which
no other gentleman has taken it, as We,
CO this focr.
caanos agree with those gentlemen who
maintain that, 10 the arrest and nansoor.
tation Of Ballraan and Svarwsu they can
see 30 viola.lon Of the r'gats Of adividu.
ais. The privileges ef the constitution ere
as much the inheritance OF the humbles,
and most deprsved, as OF ne e,ost eieyat.
ed or virsnous citizen. 10 BE- seized by
military force, ODE concealed and hur.
risd beyond the proeeicn OF the civil
power, and to &c sent thousand miles
foi trial, in a.place ~here the chine eharg-
ed was nos colaEltted, are violations G:
individual rights and Of The constitution,
an not, however, prepared TO say, .hat
ia 40 possible ease they can be pardoned,
aor, with the gentleman from Virginia
(Rando!ph} thar 10 30 caso would consent
to isde unity military commander fot
making such an arrest. A case might ex.
ist. when it might be The duty of legs,
,urs .has 70 indemnify. lasree, however,
that !. ~ usa be an extreme case, aud tia:
the party to be insemni6ed mus, cyl.
deuce that be had himself no voluntary
agency 10 producing tha, state of things
whiefl made such an Unconstitutional exer
else at power necessary to the safety Of
lhs s.ars. J give 70 opinion concerning
she eordues Of general Wilkinson, The
events Which happened at New Orleans
have no ether rrlstior to the subject ocfore
the house ,ilap ssis: They have turned he
attention CT Fsfecting men 10 this nation
TO the essus- 6 the security they possess
against similar Piolsnce, and 10 cogaoa
With aihss ssers;iag men, it has beconls
our day nos only 70 understand the aasare
Of that sscUriiy, bot also TO supply, as
soon as possible, any deficiencies wa nav
discover in IL.
The ou}y quesi!on is, Rave sais PsOPs
;hs privilege Of the writ Of habeas carPde
secured 70 them IS fully ADD efectualy as
the cons,itu,ioa i:atens'ed. aaG as wjse aaG
prudent n:>a osght 10 desire sas"eS
unscuivocaly, trey bave not. So far as
relates Ia cas-s under sbe exclusive Iur8e
diciion cf the y. S. 5pe haze virtually M
1vrn Of ho5eas ccrpus and fox this ptalp
Ieasen, that we have ncns OF the sanctions
Of he wFi, we have nene of those penal
ties, without waich the writ of haoess core
pusis dead ls,.eT particularly in all saa'
es, in which the state Of party passions,
or of sny predominant power leads 10 the
oppression Of an Individual.
Tie wrir of habsas corpus and the pee
nsltiss ty which it ia enforced. and 10
wh,ca the great be1eat Of the privilege con"
sis,s, are dissinc. things ia their nature
The for n.. was knawnso sheEnsll:h com
mon law aad although, at all periods %
Eag!;sh history, !, was held a very PFs'I:
GUS righi, We. we're its provisions foa0o
vaoIty insf;cacioas against arbitrary pow
ar, until sftsr the statute Of Charles sio
called b Eng!jshmeo their second Nlaga'
| Charsa. This stature gave penalties oa
| kseyn to the common law. Ii a Juo6o
| refuses to grap', OF aa oaicer refuses '1 70
exscass the writ, he IS liable 10 Ps0s'y
Of SEQ! sterling and siaa'lar sanctions az.
rexed 70 otksr neglec;s of the prscsp''
The house will observe, that all these ::
nalties are securities, given to persona :.
Lerty, additional 10 those whch ez's'
common law, and are not substitutes -
them. These penalties arc annszeo,