Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-03-30
SC1Nr. Randebh's Speech coneludea


BidwelD takes the case | pat Of a member
of this house being arrested, and says an
action Of damages will lis for redress
Suppose the member is murdered, will a
man gravely tell me of an action for dana,
g-s? The habeas corpus Is the only writ
Of the constitution and is a violation OF
this magma char,a of our liberties to be
put on the feoting of common trespass
X needed no ghost to tell US shat 40 action
of damages would lie for illegal arrest,
but are there any penalties to enforce a
writ of habeas corpus! We want q xeer.
tain and adequate remedy.
The gentleman from Massachusetts
(Mr. B is unfortunate 10 saying that
am IA advocate for the punishment, OF death
in all infraetions of the writ Of habeas
. corpus, or as he calls it, for small aad TIL.
vial offences; know NOT if | have the
words, have the idea. If IaH wrong,
ths gentleman can correct me. Here Mr..
B. explained, when Mr.. r. proceeded.l
He understood me right, so far as he goes,
but he does not go far enough. would
punish with death commander in chief
who should dare refuse obedience to writ
Of habeas corpus, but would | punish the
man who 10 merely an instrument 10 his
hands? you might as well break the mssk-
/ ct employed IN the service.
Will any man say the commander 10
chief who SETS himself up 10 array against
the constitution is not worthy of death-s
Whoever commands an army and sets, a.
defiance the constitution, is a traitor. If
the facts stated to have taken place at New
Orleans are true, Wilkinsen is the traitor.
Who are traitors? Burr and co. and why?
because they attemp, to overturu the cou.
stitution and the laws. The commanded ia
chief does the satne.
Suppose he puts down Burrta put up
some body else; what then? Suppose 1t
is done to gain momen,ary ecla,. IL the
commander in chief, after having gone all
lengths in treason, now turns against his
confederates and endeavots to make his
q al atone ter the wan. Of fidelity, he is
guilty of double treason; he has violated
net only his duty to bis country, bat cven
tina, fidelity which is known among knayes.
The gentleman from Massachusetts
CHR. B says this resolution will make
the people eallous TO violations of their
rights. does the gentleman from Massa
chusetts, or do the house imagine that &c
we step forward In case where the habeas
corpus has been asgraatly violated, the
people will consider the crime which has
been perpetrated peeadlllo and anwar-
thy Of notice No. 1t was the bouaa duty
of that and every other friend of the pre-.
sent administration to have come forward
and said TO the mover Of this resolution we
arc sorry to say that you have got the
start, we will go all lengths with YOU
There would then soon have been an end
70 the business.
"A gentleman from Massachusetts,. Mr..
Quineey) has forcibly stated the distic.ion
between the right to the writ of habeas cor.
pas, aud the penalties 10 enforce it. The
wri. is intended to prevent false imprisan.
men,, aud NOT to puaiah it. He however
omitted one thing.
In England the writ is guarded with the
sanction of death, aud shall it be said that
we are less attashed to the liberty of the
citizen than the people Of England If =
nudge should there refuse a writ Of habeas
corpus, he would be impeached and decol.
lated. If the hsbeas corpus had existed in
StaGord's time, and he had been charged
with violating the right, what crime was
there alledeed against him, which would
have been considered as more completely
proving settled deslga to subyert the Ii.
berries Of the subject. This writ is guard.
ed by astainder, and nothing would new
sooner produce an act for this purpose than
the violation of the writ, if the people Of
England possess the spiri, Of former times.
Mr.. ELLIOT (Ver.) A gentleman from
Tennessee (Mr. G. w. CampbelD whom