The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-02-13


concilable to the inttrets and feelings vt thi'
IIoule to pafs it for three raoriths, DO You thuk
we will then feel the fsu;c lively repugnance 10
Il that we now do. Mott has been truly
faid that no man became perfectly wicked at
once--and it may be affirmed with canal truth,
that nation is never enIlaved at oncr. Men
iaun be initiated by degrees ard their r,pts
pance muff be gradually overcome. Let me
fate a Gale. 'Tis propoisd 10 extend the time
OF fe,vice Of the executive magiftra,e from four
to FIVE or eight years, or for life. If it be pro-
lcnged for term, do you believe we thall flop
at its cxpiration. No---Ouce extended for life,
be will then claim the power to chooie his fuc-
Ctf1ur, and the hereditary principle will follow.
This is the old trick. Let me however tell
gentle men that old birds are not TO he caught
with cbaff, though unfortunately for them, the
MATS of mankind does not conIilt of old birds
PATS one other law, and l would quit the coun-
try. twin brother to this fame bill was in
troducrd into the Brtifl parliament in 1894,
and that bill to prevent fictitious aiIcmblies,
was brought forward for alb. ut as good reafons
as,ls. According to it, if four or five perfons
ATTEMPTED and rcfufed, on the notice of magif-
i,ate to dsperle, they were con6dered guilty of
iedition and were diperfed by force. Thefe
TOO bills form complete tyranny, aud tyranny
of the mott odous kind, becaute enabfhed un.
der the msk Of liberty. Was the tyranny of
Rohespiere lefs ntolerable, oppre!live or odons
becaufc DhiGoed in the name of the pcopIe.
than ike tyranny in Turkey under the grand
Stignior and his muftis? Take one other thing
along with you. Theft two fatal wounds in.
fiitltd on the liberties of the Englilh nation,
were inflicted by the man who came forward in
the character of reformer; by the man who
came forward as the advocate of a parliamen.
tary reform, from which circumtance he ac-
qnited that popularity which enabled him TO in
tlitt thofc deadly wounds on the liberty of his
country.
Having faid 70 much with regard to the prin-
c;ple, pei nit se to add one word on the details
of the bill. There is departure in it from the
known, accuflomed and received language of
the contribution in the ute of the word autbori-
ty.--the words are warrant or authority''-.-
exprenion is in my opinion too lax. Perhaps
. we may be told that the bill may be amended
on the third reading. But my objection to the
principle contained in it is fuch, that will not
conien; to carry to a third reading that, which
under no amendncHt can be rendered palatabIe
to my tate. Mr.. Randolph concluded by OBJ.
fervine that hr had 70 far exhauited himfelf that
he was unable to GO on.
Mr.. SMILE. J fhaIl not detain the Houfe
long by the remarks which propofe to make
on this fuhjed. I fhalI wave all obfervations
on the mode of proceeding on this location.
1t,
fuffer it TO go to iecond reading. The ouefti.
on is now put, and am called upon to give nv
vote either in the affirmative or negative. I
therefore feel under neceliity to put my me-
gative upon it. ! confider this one of the mott
important fubjetfs upon which we have ever
been called to act. 1t is queftion which is
neither more nor LET'S than whether we fhaI ex-
ercite the only power with which we are cloth
ed, to repeal an important part of the confttu-
ton. II is in this cafe only that we have power
TO repeal that inltrument. A filipenfon of the
privilege of the writ of Habeas Corpus is in ali
rcfpeGts equivalent TO repeating thar etIenta part
of the contribution which fecures that principle
which has teen properly called in the country
where it originated, the palladium Of perfonal
liberty. II we recur TO England, we ihall And
that the writ of Rabeas Corpus in that country
has been frequently fninended. But under
what circumstances We find it WIS fuipend-
ed in the year Is, but what was the fituation
of the country at that time! 1t was invaded
by the ion of James II.---there was rebellion
within the kingdom and an army was organic
ed. Ths FAME happened in the year l745---on
this cccaiion it was found necefary to fnfpend
It. In latter times, when the government had
grown more corrupt, we have feen il fufpended
for an infinitely LET'S caufe.
We have taken from the ftatute book of this
country this moh a!uable part Of our confi-
tuion. The convention who framed that in
ftruinent, believing thar there might be cafes,
when it would be niece flary 20 velt difcretion-
airy power in the executive, have confttuted the
legla,ure the judges of this hscefiity aud the
only quefioD now 10 be determined Is, does
this neceiiity exif ? There nlut either be in
the country rebellion or an iGvaion before
fach IN ad can be paGed. really doubt whe-
thsr either of ttcfe exit. really doubt whc.
ther Jingle law of the u. S. has teen as yet vi
olsted. / cii not fay this is the fatt but do
not know any thing 20 prove the contrary.
But fuppofng that a rebe lion does exif-we
are then left at Iincity 10 decide whether it is
fuch an one as to en,'arger the peace of iociety,
10 fuch degree that no ordinary remedy will
arfwer. IT an ordinary remedy will not, it may
be our duty TO apply an extraordinary one.
What is this mighty buhnsfs? What is the
opinion of the executive az TO its danger !?
Does he conlider ii dangerous 1t is a little
remarkable that in every iHftln:e under the Bri-
tin government, the propoGtion of fuch mea-
rure originated with the xecutive--while
here, without any intimaion of danger from
the execii'iye, We propofe en- cur own
fuggefion to flfpcnd ore Of the mott valu-
able privileges that is fecuted to the citizen.
Lei us atterd to the communication Of tie
PreGdent on This fu j.6. He ia es that ac-
cordiug to his information the peffons
concerned in the confpirdoy depend on receive
ing two kinds of aid-foreign aid and aid deriv-
ed from their own county. After giving ms