Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-13
rl2 l-2 Gents .Singlc.7

such precedent. ,ca-C
/ have another objection to the bill, be-
sides that of the quarter from which il c.
riginatcd, or the manner in which it has
been presented to the house. 1t appears to
my mind like an obliGue attempt 90 cover
certain departure from an established law
of the land, and certain violation of the
constitution ofth United States, which VIC
are told have been committed in this coun-,
try. Sir, recollect that congress met on
the first of December-that the President
had information of the incipient stage of this
conspiracy about the last of September
that the proclamation issued before con-
gress met, and vet that no suggestion either
| from the executive, or from either branch
of the legislature has TRANSFERRED, touching
the propriety of suspending the writ of ha-
beas corpus until this violation has taken
| place. ] will never agree in this sideway
to cover up such a violation, by proceed
| ing highly DANCE rous to the liberty of the
country, or to agree that this invaluable
privilege shall be 81 ,pended, because it
has been already violated, and suspended
too after the cause, ifany there was, for it
has ceased to exist. No, wish to be true
to those principles which I have constantly
maintained, and, God willing, ever will
maintain so long as / have seat on this
floor, or have life. 1t has heretofore been
the glory of those with whom ! have acted,
that in all our battles we have combatted
for the principles of the constitution and
the laws of our countrr in the persons of those
in which they have been attempted to be vi
olated, however infamous and cOntemptible.
When those principles were Frustrated I'M
der the sedition law, what did we sayl
thatthe character of the man accused could
not change the laws of the land, or impair
his rights-that he would support the con-
stitutional rights of the citizen, in the per-
son of the meanest reptile, as well as in the
persons OF those who occupy the highest
stations of society. We have done so-let
us continue to do so, regardless of popular
clamor or odium, and we shall still Conti-
nue. to find ourselves on true ground. We
never enquired what kind of man Cailen-
der was-we said such is the law and the
constitation--let justice take its course.
could quote other examples equally strong
but in Difference to the feelings OF The
house / shall desist from doing it.
! / beg pardon for OBTAINING the House So
| long. will, however, endeavor to eX-
press the remaining ideas I have TO offer
in few words. There is another consi-
Iteration which renders this bill highly OBJ
| iectionable. / consider the case as now az
issue, whether the United States IS under
a military or civil government, or in o.
| Their words, whether the military govern
ment is subject to the civil power, or the
civil authority TO the military. ! conceive
| that case has occurred, in which the mi
| litary hasnot only usurped the civil autho-
| rity, but in which it has usurped nothing
short of omnipotent power and consider
this bill as calculated to give softeninE
and smoothing over TO this usurpation;
and on this ground I cannot assent tn it.
Suppose this bill either to pass or not to
pass, whathas been the practice under the
constitutions By the expression under the
constitution, do not mean Conformablv 20
| il. Men have been taken up by military
| tribunal, and have been transported contra
nv to law. ] say transported, for it a man
can be transported from the district where
the offence with which he is charged was
committed, he may also be deported TO
| Cayenne, or transported TO Botany Bay.
| And even you yourself, (addressing the
! Speaker) if such acts be sanctioned by this
! bill, in your passage from this Houseto your
| lodgings, may be arrested, put on board
vessel, and carried whithersoever the mi
litary authority may choose. To this !
will never give my consent. 1t has been
very well remarked by my colleague, that
this is not the first case in which an insur-
rection has occurred III the United States,
but that il is the first case, in which an at
! tempt has been made to suspend the pre-
cious privilege Of the writ of habeas corpus.
! / put it to any man, whether now that VIC
have received information of the extent
of this conspiracy, and when we find that
Catalina, Cethegus and Lentulus have not
as many brother conspirators rs themselves,
! this conspiracy is equal to that in Pennsyl-
vauia in 1894 and 1895 ? In physical force
! il is not comparable toit, howeverin intel
lcctual talent it NAV be. / conceive then
that according 70 the constitution Of the y.
States there is but one case in which tho
writ of habeas corpus can be suspen-
ded, and should not SO into this view cf
the subject, if it hal not been mistated by
all those VINO have preceded me liz the de-
bate. Ny view Of the subject is this--that
this privilege can only be suspended in ca
ses, in which, not merely the public safety
requires it, but that the case of the public
safety requiring it, must be united with &C
tual invasion or actual rebellion. Now
with whatever epithcts gentlemen may
dignity this conspiracy, ] am not even Of
the opinion Of the gentleman from MARY
Hand (Mr Y. Nelgon)--.i think it nothing
more or less than an iHtriyHe--and I am
lhappv that ! can declare on the honor, not
Of a soldier, but Of citizen, that ] believe
liz TO be a foreign intrigue, availine itself
Of domestic materials for answering its
purposes, and poor indeed must be the soii
! &c +t,sg ~ IS .uv Ottcr state IS e.cir ~.