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

!per;pnai liberty OF al their enemies weliij lie
endangered. ! mention this to forewarn gen.
tlcnisn of the dangerous ground before them.
Z 90 not FAY that our country may not at fome
future day he in fuch Gtnation as 10 jui,ify
fuch fufpenion. But have never yet iesn
her IN iUch iituaron an., at this moment
thi,.s it does not exit. When we fee the great
body of the people 20 firmly attached to their
government ough, we to be thus alarmed on be-
holding few defperate and unprincipled men
attempting TO fir up an infurre6tion There
Is another confederation which will induce ne
to give my hearty neg t;veto this bin. If for
eign nations Zee that we are Obliged under fuch
circumstances, to fufpend the writ of TIabeas
Corpus, will it not ihow that the contribution is
incapable of supporting itfelf, without the ap-
Plication of the mott dangerous and extraor-
binary remedies.
Mr.. DANA. Iunderftand that the queflion
is, whether the bill fhal be rejected on its 6ra
reading, without pafIing through the ordinary
forms OF proceeding. In fuch cafes the ordinary
queftion is, is there any thing in the bill proper
tor the Houfe to deliberate upon If they are
OF opinion, that it can be modified in fueh a
way as to enfure its paGage, it ought to go to a
committee of the whole. This was my opinion
when the motion was 6rf made to reie6f the
bill. was difpofed to vote aeanit the quef1ion,
| although the bill went to repeal the conftitut-
vilege of the writ of Habeas Corpus, as the mott
glorious invention of man. was notwithftand-
ing however. from refpec to the other branch
of the Legislature, dfpoied to inveitigate the
lubJeet, to examine whether there was any ne
cefity for it. AS, on the one hand, was in
c!ined to believe that the judgment of the Sen
ate had, on this occa6on, been tinged by a
| ftrorg adherence of rebellion, 70 I was willing
on the other, to take time to guard yie!f againt
an equally ftrong feeling of adherence of dicta-
| tors. But on one principle l cannot agree to
confidsr this bill as proper fubjea of invefti-
CATION tor oRe moment. i perceive on further
examination of the bill, that the Senate have
provided for its fufpenion, in cafes where per-
fons have been already arreited. Had it been
confined to future arrefts, l might have agreed
to deliberate on it, but viewing it in the light of
an ex peR fado law, mutt give it my inftan-
taneous negative. There is another principle
which appears to me highly Objectionable. 1t
authorizes the arrett of perfons, not merely by
the Prefident, or other high officers, but by any
perfon acting under him. imagine this to be
wholly without precedent. IF treafon We're
marching to force us from our feats, / would
not agree to do this. ! would not agree thus to
deftroy the fundamental principles of the Goa
ftitution, or to commit fuch an act either of def
potifm or pufllanimity. Under this view of
the iubje6 am difpoied to reject the bill, as
containing propoGtion on which cannot deli
berate.
The yeas and nays were then taken on the
queaion L" fhall the bill be rejeSted'-Yeas /;
Nays l9-as follow
YEAS.
MeNs. Alton, junior, Anderfon, Bard, Bar
ker, Baffett, Bedinger, Betton, Bib, Bifhop,
Blake, junior, Blount, Broom, Brown, Boyle,
Burwel, Butler, G.. w. Campbell, J. Camp
bell, Chittenden, Claiborne, J. Clay, M. Clay,
Clinton, junior, Conrad, Cook, Covington,
Dana, Darby, Davenporte, junior, DAYTON,
Dwight, Early, Elliot, Ellis, Elmer, Ely, Eppes,
Findley, Fix, Fowler, Garnett, Goldfborough,
Goodwin, Gray, Gregg, Haley, Hamilton,
Haitings, Holland, Homes, Hough, Jackfon,
Jones, Kelly, Kenan, Lamber', Lewis, junior,
Livingston, Lloyd, Lyon, Mac Farland, Ma
gruder, Marion, M'Creery, Meriwether, N. r..
Moore, T. Moore, Jer. Morrow, ]. Morrow,
Mofely, J. Melton, r. Mellon, Newton, jur.
Pitkin, junior, Porter, Pugh, Quincy, J. Ran
dolph, i. nj. Randolph, Rea, PENN Rhca,
(Tenn.) Ruilell, Sally, Sommons, Schuneman,
Seaver, Sloan, Smelt, Smilie, ]. Smith, S. Smith,
Stanford, Stanton, Stedman, Sturges, Taggart
Tallmadge, Tenney, P. X. Thompfon, L. w.
Thompfon, Tracy, Trigg, Van CortIandt, Van
Renfleiaer, Wadfworth, ]. Whitehill, X. White
hill, D. r. Williams, M. Williams, WILTON,
Winn, WinftoB, and Wynns.
NAYS.
Mellrs. Alexander, Archer, Bidwell, Chand-
Ter, Cuts, Earle, Green, Helms, Matters, Num-
ford, DIN, Sanford, Southland, Thomas, Var
mum, Verplanck, Walton, Wickes, and N.
Williams.