Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-20

triotism, but On the contrary, MIR. V. SAID
h. would assert with confidence, the atii-
dawes produced acquitted him OF ali guilt
in the resurrection, and proved he had eN-
erred his great influence to moderate the
discomfort and quiet the apprehensionS and
RESTRAIN the violence of the people. il this
statement was denied, Mr.. b said he could
suhstartitc its truth the case had been
reported and now formed precedent in
the Supreme court of the l.. S which had
been frequently cited during the present
tenn. Why has ;hc vigilance of gentlemen
reDosed 80 long? Why has this early & m
pr sive mt nation been disregarded, ifthe
law WAS ef,ctive The gentleman from De-
laware, saws The late arrests at New Orleans
BY he miitarv, are early warnin of the
danver'cf standing armies. Mr.. p. accented
the hint, and hoped the gentleman would
hmself recollcct and profit BY it. Those
who acted with him had long been partial
to those establishments and blind to their
tendency. The events alluded To proved
the indispensable necessity OF preserving
them subordinate tn the civil authority.
This rr0ved the Impotence of Producing ne
standing army t. the lowest point compa-
tible with the safety ofthe frontiers. This
was the reason which induced him during
the present session tn vote against the pro-
posed augment ton Of four forces, and while
he continued 10 entertain his present opi-
Mons, AMI felt his present iealousies of a
conflict between rho civil and military pow
~. he was determined to avoid the issue
by keeping the latter in complete suborli-
nation. " an opposite policy should ever
become ascendant IN this country. the mea-
.sures ut New-Orleans instead ofbeing tenn
porary will be entailed upon us. Mr.
+. said he thought it improper to mention
the events which had occurred at New-Or-
leans. 1t was extremely probable prose-
cutions would he commenced against the
othccr md any expressions of disapproba-
ton in that House would give tone to pub
lie oninion, which Justice required should
as vet be suspended; every person admit
ted the commander in chief had violated
the law. He admitted it himself, and as
signed reasons of Justification which we
ought not to decide, but leave to the courts
OF Justice. They are the proper tribunals
TO punish those who infringe the rights of
the citizen, and until they are closed bv
power, or their DEGREES set at defiance, and
the executive unable to infarce them, legis-
lat've interference cannot be necessary. 1t
has been said, every officer who refuses to
obey the writ of habeas corpus from court
should be punished with death. and this has
been proposed as an elfectual provision to
secure the benefit of this writ. Has the
gentleman so soon forgotten the doctrine
advanced M that side Of the House, and as
sented to during the present session, when
n we were told military officer knew no law
but the orders of his superior; when we
were I'D the contrary was monstrOus, alb
sur!, and subversive of all subordination,
IN the army; that thew were not lawyers.
versed in your laws and constitution. Mr..
Is hoped he had. But tie gentleman from
Delaware hid run into exactly the oppo-
site extreme by placing the highest and
lowest officer upon the same footing, eXac-
ting from both the same knowledge of the
law, attaching the same responsibility, and
contrary to every principle of Justice a d
humanity, Furnishing with the same severi-
~ the man who Intentionally and knowing
ly violates the law, and the man who igno-
rantly commits breach of duty 1t would
completely revere what has been so long
and wisely recognized in our criminal iu.
risprudence. The redress allowed to a
man who has been forciblv seized and i'm
prlsoned without legal Authority under the
existing lawsis much more conformable to
eqity than this mode. 1t is an offence a.
gainst an individuals rights-and should be
punished like all other injuries of perso-
nal nature, by action and the recovery of
III WIllNll bllG jury VIII always nave
just regard to the rank of the offender,
the innocence OF the victim, and the wan
tonness of the violence. They will discri
inmate between the lawless exercise ofpow-
err, by the commander in chief, and the
subaltern, who executes what he suDDoses
he is bound by his oath to perform-Mr B
said the mover of this resolution had ex-
pressed more alarm at the situation of this
Country than was real, or than he supposed
was felt by any member of this House One
would imagine that the arrests at Orleans
had extended through the whole nation, and
thatno man was safe from prosecution. AS
far as he had understood, the moment those
arrested had reached the u. S. they had
been turned over to the courts, and every
privilege been extended to them. The peo-
pie OF this country can never be in danger
while their representatives remain pure,
and are disposed to withhold from the exc
cutive dictatorial powers Have we not,
calready during the present session
given the most honorable pledge to our con-
stituents that we are not inatteniivc to their
security, when we rejected the bill to sus-
pend the writ ofhabeas corpus Why talk
Of the Lettres de Cachct, which have issu-
ed in France and of other expressions in
that nation. Our government is neither
actuated by such passions nor invested with
such powers. 1t is degrading to assimilate
the two governments, and argue from a ST.
mliarity which does not and cannot exist