The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-02-10


the preient Situation of our country authorize,
on our part refort tn this extraordinary mea
fure.
The enquiry is confined within very narrow
limits. The power Can only be exercifcd uude,
The eonitlusIon when in cafes Of rebe lion OF
nvaiion the pubic fafety may require it, Oul
country is not invaded. We have only there
iore 10 enquire whether there exits in this coun
try rebellion And whether the public fate
~ requires ipfpenfion of the Habeas Corpus
VI the extencs If the rebellion or combination
againit the authority of the u. States. there car
be no doobts as we have on our table detail.
ed account vt itB origin and progrefs. fha
confine my obtcfvations foley to the latter part
whether the pull 'c fafety requires futpeniou
OF the Habe;,s Corpus for its iupprelion. In
the characterization now on our table from
the Executive, I'VE have been informed that the
militia Of Ohio, Kentucky, Tenneffee, of the
MiHilippi and Orleans territories have been or.
dered out. That general Wilkinfon was at Or.
leans on I'd { 10th of December with his troops
from the S; .bine, which from other informant
On we knosv To cor gift Of one thoufand effective
men. TIL efe are the refources of the nation
now in active operation. What is the force OF
the confpirftors BY the fame document we
arc informt i that Tome boats, accounts vary
from hve tc double or treble that number, and
portions differently efimated from one to three
hundred, had paiied the falls of Ohio to rem
devious at the mouth of Cumberland river,
with others expected down that river From
the fame document it appears that the force
which comes down Cumberland river amount,
to two boats, in one of which is Aaron Burr
From this tatement it appears that the largelt
calculation as to the actual force of the confpi-
rators, sthrec bundled. But when we know
the propehhty of human nature to magnify ac-
counts of this kind, we may fairly infer that
the whole force does not exceed one hundred
and Fifty men. To oppofe which we have one
thouiand regular troops and the militia OF Ohio,
Kentucky, Tenneiee, of the MiGifippi and
Orleans territories. Is there man prefent who
believes ION this tatement) that the public fafe-
ty requires afuipenlion of the Habeas Corpus |?
This government has now been in operation
thirty yesrs--during this whole period our po-
liical charter whatever fhocks it may have fuf-
tanned, has never been iufpended. Never un-
der this government has pelional liberty been
held al the will Off Jingle individual Shall we
in the full tide Of PROPERTY, pof1eied of the
confidence of the cation, with revenue of fif-
teen millions Of dollars and fix hundred thou
fand freemen able and ready to bear arms in de-
fence OF their country, believe its fafety endan-
gercd by collection of men which the. militia
of any one county in our country would be am
ply fufhcieRt to fubdue. Shall we, fir, fufpend
the chartered rights Of the community for the
fupprefiion of few defperadoes-of fma
banditt already furrounded by your troops
preHed from above by your militia-met below
by your regulars, and without chance of eff
cape but by abandoning their boats and feek-
ing fafety in the woods. ] confider the means
at prefent in operation amply fufficient for the
fupprefion of this combination. If additional
means were niece fairy ihould be willing to vote
az many additional bayonets as fhall be neceGa-
nv for every traitor l cannot, however, bring
myfelf TO believe that this country is placed in
fuch dreadful 6tuaton as to authorize me to
fufnend the perfona rights of the citizen, and
To give him in lieu of free contribution the ex-
ec,itive will for his charter. Iconfder the pro-
vilion in the conaitution for fufpending the Ha-
beas Corpus is dehgned only for occaiions of
great national danger. Like the power OF ere
a,ing dictator In ancient Rome, 1t proitratcs
the rights of your citizens and endangers public
liberty. Like that it may on iome very extra
ordinary occafions prove fslutary, but like that
ii ought never to be reforted TO but in cafes of
abfolute neceGity, or to ufe the emphatic Ian.
guaee Of the contribution when the public
tafety requires it, Believing that the public
fAfe,y is not endangered, and that the dilcuffion
OF this queffion is calculated to alarm the pub
hc mind AT lime when no real danger exits, |
ihalI vote for the rejection of the bull In its pre-
fent Gage.
MR. vARNUM faid if he was of opinion
Win the gentleman from vermont ana virginia,
he fhould vote for the rejection oft bill but
he entertained a different opinion, and uuIefs he
heard fomething to change it, he Mould vote
differently from them. He did not believe the
contribution reftri6ted the power of the govern
ment to fufpend the privilege of the writ of Ha-
beas Corpus to cafes where the country was
fhaken 10 its centre. There were no expref-
fions in it to juftify this inference. Its terms
are The privilege ofthe writ of Habeas Cor
pus mall not be iufpended, except when in
cafes of invalion or rebellion the public fafety
fiIall require it." VIII gentlemen deny that
there exits in the u. States at prefent rebel
lion prefume not, iaid Mr.. " it ia too no.
torious to admit of doubt. Will they deny
that the conipiracy has been formed with deli
beration, and has exlfted for long time Is
II not evident thai it has become very extenlive?
~ then this is the cafe, and the head of the con-
fpiracy has fald that he is aided by a foreign
power if this is true, are we ju1ifed in con-
fiieripg the country in perfect fate of fafety
until il is brought to clofe | conceive not.
] conhder the country in degree in a fate of
iufecurity, and 10, the power is velted in the
COugrefs Of the ". States under the contribution,
to fufpend the writ Of HlbeaS Corpus am
ALTO apprehenhve that we fhal not be able to
trace the confplracy to its fource without fuch
fufpenion. We have had an inhance in
which the head Of the confpiracy has been
bro't before court ofjutice and where nothing
has been brought agairh him. 1t is not my
with to intimate that any court or public fnnc-
tionary is contaminated 10y this confpirscy yet