Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-10
CONGRESS.
Ho0ss OF REpREsRNrASrvEss
MONDAY, JAN. 2e.


DEBATE.
In the House Of Rehresen tottUcs on the
oil 10 snshend the hriuHeee orthe gvrf,
Of Habeas CORPUS, for a limited time in
certain cases.
(CoNTINuEe.J
Mr.. EPPES. When T fee decided
hostility to apri"er;le iee-;S to
me IN what tcrm meet it. Decidedly op-
posed y &c principle of this nill, shall
vote against it in all its stages, and cannot
out hope that the motion of nv colleage. TO
reJect 1t will prevail. BY tins bill we are
Caiied upon to exercise one of the most inns
Nortant powers vested in Congress by the
constitution of the u. S. A power which
suspends the personal rights of your citi-
zens, winch places their liberty wholly I'M
aer the VIII (; not OF the executive magis.
trate only, but OF his inferior officers. Of
inc Importance OF this power, of the cauti-
on which ought TO be EMPLOYED in its ex.
ercise, the words Of the constitution afford
irresistible evidence The words of the
constituon are "The privilege of the writ
OF habees corpus shall not be suspended
unless when in cases of rebellion or invasi-
on the public safety may require it," The
wording OF this clause of the constitution
deserves peculiar attention. 1t is not in e.
very case o. invasion, nor in every case of
rebellion, that the exercise of this power
ny Congress can be justified under the words
OF the constitution. The words &C the con-
stltutios confiue the exercise of this power
exclusively to cases of rebellion, OF invasi-
on where the public safety REQUIRES il. In
carrying into effect most of the important
powers OF Congress, something is left for
the exercise OF its discretion. We raise
armies when in our opinion armies are ne
cessary. We may call forth the militia To
suppress insurrection or repel invasion
when we consider this measure necessary.
But we Can only suspend the privilege of
the ha6eas corpus "when in eases of re-
soellion or invas, on the public safety requires
It," We'll indeed mayithis caution have been
used as 20 the exercise of this important
power. 1t - in Il free country the most ire
mentious power which canb be placed in the
hands OF Legislative body. 1t Suspcnds at
once the chartered rights sfthe commune
tv, and places even tinse 2no ,,eiS the act
under military dsSfotisn1. The CONSTITUTE
IN however having vested this power in
Congress, and branch of the legi ,lature
having thought its exercise necessary, it
renaiils for us - enquire whether the pre- :
sent situation of cur country authorizes ON
our part resort TO this extraordinary mea-
sure.
The enquiry is confined within very mar
row limits. The power can only be exer-
cised under the constitution ewhen in ca
ses OF rebellion or invasion the public safe
ty may require it Our country is not inva-
ded. We have only therefore to enquire
whether there exists in this country a re-
bellion! And whether the public safety re-
CURES suspension OF the habeas corpus.
OF the existence of the rebellion or COM
bination against the authority of the u.
). there can be no doubt. as we have on
our table a detailed account of it's origin
and progress. ] shall confine my observa-
tons solely 10 the latter part, whether the
public safety requires suspension OF the
habeas corpus for its suppression. Tn the
communication now on our table from the
executive, we have been informed -, IT the
militia of Ohio, Kentucky, Tennessee, OF
the Mississippi and Orleans territories
have been ordered out. That general Will
kinson was at Orleans on the 10th of De.
cember with his troops from the Sabine
which from other information we know tc
consist of one thousand effective men
These are the resources of the nation now
in active operation. What is the force ot
b tiiS NO4'o i'li atpio' by tHc SdTlc uOCulnenl
we are informed that ssome boats, account.
vary from five to double or treble that
number, and persons differently estimated
from one to three hundred, had passed the
falls of Ohio to rendezvous at the mouth Of
Cumberland river, with othe expected
down that river From the same docu.
ment itappears that the force which come!
down Cumberland river amounts to two
boats, in one of which is Aaron Burr
From this statement it appears that the
largest circulation as to the actual force o
tho conspirators, is three hundred But
when we know the propensity Of human
nature 60 magnify accounts Of this kind
{ we may fairly infer that the whole force
does not exceed one hundred and fifty men
To oppose which we have one thousand re.
gular troops and the militia of Ohio, Ken.
lucky, Tennessee, of the Mississippi ant
Orleans territories. Is there man pre-.
sent who believes ION this statemenO thai
the public safely requires a suspension o
the habeas corpus This government ha
now been in operation thirty years-du
ring this whole period our political charter
whatever shocks It may have sustaine I ha
never been suspended. Never under thi
} government has personal liberty been hClt
at the VIII Of single individual. Shal
We in the full tide of prosperity, possesset
Of the confidence Of the nation, with n re
venue Of fifteen millions Of dollars and 81.
hundred thousand freemcn able and read