Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-13
CONGRESS.
House. OF REPRESENTATIVES,.
MONDAY, JAN. 26.
DERATE.

DEBATE.
In the House of Rehresentattves on the
Dill 20 susfea4 the Privilege Of the zvrii
Of Habeas Cor1'us, for limited time in
certain cases.
CcoN7THUE1)
Mr.. SLOAN At the same time that I
express my purpose to vote on the same
side with the gentleman from Md / shall
take the liberty OF assigning very different
reasons for my vote from those offered by
him. The gentleman from Virginia has
mentioned two preceding instructions,
which ne considers of much greater magni-
tude than this. am ola different opinion.
| Compared to this, consider them as only
drop to the bucket. For moment let me
ask the attention of gentlemen to those in
surrections, or as think they might with
more correctness be termed, oppositions to
! government. In consequence ofcertain CT
| tizens thinking themselves aggrieved bv
certain acts, in which they have been in
| some measure justified by their subsequent
! repeal, handful of people raised in oppo-
| sition to their execution. What analogy do
those oppositions bear to this rebellion.
consider the late or present conspiracy to
lbe of greater magnitude than any we know
Of in history. Under what authority has
| it been created? Under that of a man of
great abilities and experience, who states
! that he expects encouragement from foreign
nations. do not pretend to say that this
is fact---6ut what has he done Has he
not drawn resources from every part OF the
union? Therefore consider it Of great mag
nitude, and it is certainly excited against
the best government on earth under which
the people enjoy the greatest happiness /
| shall, however, vote against the bill, under
| the belief that we may confidently rely ON
the love and affection Of the people for their
government, to which we are alrerdy pro-
| badly indebted for its suppression. Had
| this measure been brought forward month
or six weeks ago, should have voted for
! it.
Mr.. BIDWEI4L sid, although he was
not satisfied ofthe necessity of passing this
bill, he was not prepared to reject it, in its
present stage. As it had received the sane.
ton of the Senate, he was disposed to treat
it as subject worldly of discussion and deli.
hcration, by referrnFit, in theu5ual course,
to committee ofthe winnie House.
BEFORE the passing Of any bin Of this ma
turc. the House ought to have satisfactory
proof that a rebellion in act existed (for
there was ~ pretance Of an invasinn) and
on Oe the privilege of habeaS corpus Bv
the terms Of the constitution, both these
prerequisites must conCur to authorize the
measure. The first enquiry would natural
w turn upon the existence of rebellion
: On that point he had no doubt, To const-
tute rebellion, in the sense Of the consti-
tution, he did not think it necessary that a
battle should have been fought, or even Il
single gun fred. If troops were enlisted,
assembled, organized and armed, for the
purpose of etfecting a reasonable object,
It amounted to actual rebellion. Such was
the existing state ofthings. The public no.
toriety of the fact was, perhaps, sufficient
evidence, for the legislature to act upon, il
nee ssary; but they had also the official
statement of the President to that effect
He had, therefore, no doubt of the existence
Of rebellion, and that, too, of more wan
!, ton and malignant character, than any I'M
surrection which had heretofore been raj
sed against our government for it had not
been occasioned by any grievances, real OF
imaginary, but must have originated in mo-
tives ofpcrsOnal ambition or some more un.
worthy passion.
An existing rebellion, however, even o.
this aggravated description, was not alone
sufficient to- Justify a suspension of the writ
of Habeas corpus. To bring It within con-
stitutional justification, it must be required
BY the public safety. He was convinced
that the proposed suspension was not requi-
site for the purpose Of suppre5sing the con-
sDirocy Cor, by the vigilance and energy
of our executive government, seconded and
supported by the exertons of particular
states and territories aud the army, this
deep-laid conspiracy was already in good
measure suppressed, and he trusted the
means now in operation would complete
the suppression. A suspension of the habe-
as corpus could not be necessary, excep,
for the detection and conviction Of the con-
spirators A thorough investigation ought
. undoubtedly TO be made. lf any persons
concerned in the conspiracy, we're arres-
ted IN situations which precluded an i'm.
mediate production Of such evidence, as
would warrant their confinement, justice
would require that they should be detained
until the proper evidence could be procur.
ed but in the mean time they might be
discharged by virtue of hal'eas corpus
for, though he agreed with the gentleman
from MARYLAND (Mr. Nelson) in the impor
tauce and utility Of this writ, he could no
: subscribe TO the doctrine which he under
j. stood that gentleman to maintain, that j
g would cntitle person to a discharge OIL,
+ for causes Of irreguarity in the arrest
b, Want Of LEGAL evidence to shew, by oatl