Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-24

our own. will never consent to deliver up
a highly responsible public functionary to
the torture, before that functionary can
have an opportunity to be heard in his own
justification. In my opinion, Mr.. Speaker,
1t depends upon events yet to be developed,
whether the commander of the American
army has deserved eXecration, or merited
applause. Itmay turn out that his conduct
is without excuse, and it may turn out that
1T has been highly meritorious. He may
have acted a part, for which he should suf-
fer condign punishment, and he may have
acted part for which his memory would
be entitled to a statue of gold.
There is with me another objection to
the reference. The motion, timid as
1t IS, and accompanied by the speeches
l have this day heard from the honor
able mover, has n suspicious aspect and
influence upon certain judicial procedures,
depending at tue present moment within
the walls of this building. is this House
willing TO suffer such manoeuvres to take
their proposed course, and to produce their
wished for effect Are they prepared to
I intcrpose the weight OF their influence 10
7oard N the ilffction Of punishment mf-
on traitors, by hasSing sentence Of com
domination on those acts 7Uhich haze hroduc-
: ed their arrest and confinement /? But it is
not now alone that this pernicious tendcn-
! cy OF the resolution is to be felt. Actions
tor damages are no doubt to he brought a
gainSt the commander i'm chief Whether
the damages which may be received, ought
or ought not to be made good to him by
the governments, must depend upon circum-
stances yet to be developed. That he has
violated both law and constitution, is not
denied. But whether there existed that
limperious necessity for such violation,
which alone can justify it, and give him
a claim upon the government for the dam
ages to which he may be subjected in con-
sequence thereof, can only be determined
upon full view of all the circumstances
Here then presents itself another strong
objection to the resolution. Its tendency is
to procure nosv that expression of opinion
by the national legislature, in relation to
the events at New Orleans, which will,
which must, raise powerful obstacle here
after, against remuneration of any DANA
tgeS that may be recovered against the
commander in chief To this / will not
consent-against it | hold up my hands,
and enter my most solemn rrGtest-There
is still further objection-the tendency
ut the resolution, If adopted by the House,
viii be to influence the amoazlt of damages
which may be assessed. Yes, sir, it will
be viewed a. the expression of an opinion
on the part of Congress as to the dement's
of the act for which damages are claim
ed.-The effect upon the minds OF jury
is even more TO be dreaded than that upon
the opinion of the Judges. Who is there
that cannot perceive its force Who
/ that must not dcpreCate its effect IF it
should be observed that the resolution it,
. self cannot be open to all the objections
now urged againstit, let it be recolected
t that the honorable mover has taken speci-
, al care to give to it a direction, and aC-
! company il by circumstances which must
! ensure to IT the operation complained of
In ordinary cases there can most certainly
; be no objection against an enquiry after
defects in any branch of law, with a view
l to the application of some remedy. But
such is not, as apprehend, the state of the
, present question. Admit for argument.
5 sake that defect does exist in the present
= provisions for securing the Habeas CORPUS
. privi!ege-can an adequate remedy be
7 no7O applied? IT cannot--we know it can
2 mot.
2 But Mr.. Speaker, where is the proc
7 that the provisions now in force are no
sufficient for the security of the person
r Have YOU any evidence to this effect
= you have, l am ignorant of it. Are no
2 the court OF justice open? Let the person
= injured resort thither. Let their com
: plants be laid before an American Jury
t Will not an adequate redress be had there
= Are the people OF the United States too IN
Y sensible of the value of the privilege of tho
= Habeas Corpus to award damages proper
c tionate TO the injury sustained BIZ its in
n fraction Or is 1t that gentlemen suspect
. that the individuals who have been arres
/, ted were engaged in a plot so diaboica
e that Jury would upon Il view of the Who'll,
= ground assess damages too inconsiderabi,
=, to cOmport with their wishes 1t is fo
o this reason that the American C1ngrcs
. are asked toprejudge the case & to throw
: their weight into the scale against an off
d Ger who from every thing that yet appear
. has acted from motives of the purest Datri
= otism The part he had to perform wa
c one of the most arduous ever assigned 10 tht
= lot of man. Entrusted with tho defence o
= an important and extremely remote point
e where all was 90 be done before instruct
j. ons could be received from the government
o every measure was TO be taken by hsOwI
c Judgment and upon his own responsibility
It His chance Conformation as 20 the eXten
Z Of the danger was extremely limited, am
e so far as facts have come TO light, he hat
e powerful reasons for believing that tn
l. conspiracy was deeply liid-that it ha
e diiused itself extensively in the very bosor
C ofthe country against which it was direct
Y, ed and that it would be supported bv
NJ military force far more numerous than an