Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-03-21
fcosTINUED.l
MIR. Yarnum Mass rose 10 repel the

notion. he had oecn ~ htsl iuCiihSu ~
vote in favor of ths motion but at,er
hearing the arguments of the gentleman
who introduecd the resolution, he found
himself compelled TO give decided mega.
tive. /, has been said that there has been
gross violation of the. constitution but
Mr.. v. dsmanded whereswas the proof OF
the assertion. He had seen 90 official do.
eumenss TO warrant such . charge. Il Is
! wen known that the persons recently bfo't
from New Orleans have received every
benefit 20 which they were entistsd, from
Ri writ Of habeas corpus. The motion
is also i'll timed. Shall We undertake to
decide on the snilt of these persons when
they are now arIaignsd before the court !!
The legislature ought not to PREJUDICE she
{ question.
MIR. Burwsll (Vn. said he should vo'e
for The motion whether she iac,s stated oy
The eenslemau from Delaware( Mr.. brocm)
were correct or. DOT. MIR. b. was always
ready 20 con6r m and secure me writ CT
habeas corpus, andif..he gentleman frem
Delaware could discover any defect IN the
present sysse "a, and could devise method
to remove il, he should have his vote and
his hanks. :,
Bnt / believe the wri, is now sufficiently
secured; as much so as IN England fe
states have. passed lava for this purpose,
and The coss,ita,ion of the Uaised States
recognizes sad confirms ghswsii, judges
are o. application obliged 10 issue 1he
writ, and the officers OF the courts are
eoupeHed to execute IL W here then is
the necessity of sounding an alarm ihe
constitution has nss been violated unless
BY military force, ap@ hat requires CIT
ferrn, remedy These gsnsief men VINO
have been recently brought irom New or.
leans. I admit were improperly ssIssd
aud transported, and fally agree WIKI
the geo,lemau from Delawars thasit ought
TO be an early warning-an early Wafnie g
against the increase of military force iur.
ther than the exigencies of the country re.
quire. do not pretend to say thas 'ae
conduct of the commapderin chief is lss.
tihabie, bur the courts are open. ne,
house,oughs NOT to act preclpltassly on re-
NOR and exparte statements.
Mr.. Dana (Con considered that twas
not necessary now 70 examine whether the.
facts alledged 10 have taken place at Ne"
Orleans had been correctly stated or not.
He would not say whether Wilkinson had
conducted himself rightor wrong. 1t was
sufficient if questions arose whether the
writ of habeas corpus was SO well secured
as il ought 10 be. He apprchsnded 'tHwas
not SO well~guarded here as IN England,
If doubts, however, arise on so interest,",
ing subject, they ought, to be removed
and the law fixed by statute.
Mr.. Smile (penn. declared himself IN
favor of the resolution. for the reasons stat
ed by the gentle man from Connecticut
(Mr. Dana), He wished, however, the
subject had been considered 90 ITS own
merits .and without reference to any past
transactions. He wished not TO refer 10
New Oileans. In circumstances OF great
danger it is the duty of good citizen TO
do W ha, he thinks is right. and take the
responsibility. There was no tesIimOas
which enabled him TO decide en- shc transac
tions at New Orleans.
!. If the statute of Charles extends to this
country, there is 90 need of further provi-
sion to Sc cure the writ of habeas corpus !:
if il dees not extend here, tits highly me-
cessary to guard the writ by similar provl-
sions. He had consulted lawyers on the
snbjec, aud could get no satisfactory lntor.
NATION. Till the statute OF Charles, all
the provisions 10 favor OF the liberty OF
the ci.izens contained In Magma Charta
and the bill of rights were found made.
quate.
Mr.. S. said ali parties and every man IN
the United States were concerned 10 this
subject. The ines,imable privilege OF the
writ Of habsas corpus existed IN no coun-
try bat ours and IN England. Arbitrary
Imprisonment prevailed in all other soun.