Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-10
[l2 1-2 Gents Single.7

( from those laws not being duly obeyed: Ii
! tile evil arises from disobedience 10 e8is-
| ting laws, no act passed by this House can
afford remedy-thosc intrusted with the
execution of the laws may be stimulated to
carry them into effect by this transaction,
and to punish the 2ggressors, but 1t is no
ground upon which this House can act
and no act that we could pass, could in a.
nv degree affect the measures that have all
ready taken place. The principal enqui-
. ny therefore appears to be, whether there
lis any law to punish the commission OF SUCH
crimes as Gen. Wilkinson is charged with.
| There can be no doubt on this subjeCt;
| there are laws in every part OF tie Union
to punish such offences. Ii those persons
were seized and carried away without le-
gal authority, or q Just cause tnat would eX-
cuse the act--it viii be false impiison-
IN ent, including III it an assault ana bate
ry, an offence punishable by Jaw IN every
J part OF the United States; the offender
may be indcteI, aud conviction fined
and imprisoned according 90 the nature oE
! his oHence-he may also be sued by the
/ party Injured, anu damages recovered in
! proportion to the injury sustained. This is
the remedy afforded by the law III such ca
ses and 1T has been considered sun cient TO
correct the eVli. But it is said your con-
stitution has been violated, egregiousiy Vi
beas corpus, or by depriviEg ,he party of
! its benefit; and this We are told by the gen.
tleman from Vermont (Mr. Eiiiut) has Nio-
| lated the holy attributes OF the constitute
| on and he mentioned three several art-
cles of that instrument that were violated
! at the point of the bayonet. This part Of
the subject, Mr.. Speaker, may require
some examination in order TO be distinctly
lcomprehended. Every public offence, COM
mitted in this country, must be 4 violation
OF the constitution, or of Il law made in pur-
suance thereof, and may therefore be said
| to be violation of the constitution, and a
violation of the constitution is a violation OF
! law, for the constitution is declared to be
the supreme law OF the land But certainly
! 1t will not be commended by any man acquan-
ted with the state of our country and laws,
| that every such violation calls for the inter-
! ference Of the legislature, requires a
new law to be passed. If a law is viola
! ted, the aggreSsor is punishable under such
/ law. If the constitution be violated, it be-
1 ing the supreme law of the land, the of!en-
, der is punishable accordingly in the courts
OF justice, who are sworn TO support such
constituuon--suCh violations thvl Il fore cam
| not necessarily require the interference OF
! the legislature, or the passage ct new
! aw on the subject. il acts are done high
( ly Injurious 70 society, against which there
are no laws, and the perpetrators would,
! on that account, escape pun" Shment, 1t
would then, indeed, be Necessary ior thS
! legislature to provide by law for the pu-
nishment of such ofttnders-but it has not
/ been shewn that such is the case in this
instance. Ii has not been pretended, that
| Gen. Wilkinson, If he mas acted i'll the un-
warrantabic manner stated on this floor,
cannot be punished according to the ma
ture of his offence, and it has already been
stated that-he is Liable, If guilty, to be pu-
nIshed by indictment, and be made to ALL
| swer in damag by civil suit. W th re-
gard TO the violation Of the constitution SAID
to have been committed by Gen Wilkin-
| son, in not obeying the writ OF Labcas COR
pus issued by the Judge at Orleans, may
be permitted TO observe that this part OF
the subject does not appear to have been
well examined by those who have spt ken
in favor of this measure. The words of
the constitution on this subject are, Art l.
Sec. 9. 4" The privilege OF the writ Of ha-
beas corpus shall not be suspended, unless
when in cases of rebellion, or invasion, the
public safety may require it." This pro-
vision evidently relates TO Congress, and
was Intended to prevent that body from
suspendng by law, the writ Of habeas cor
pus, except in the cases stated, and has no
relation whatever to The act of an indivi-
dual in refusing to obey the wIit--such re-
fusal or disobedience would not certainly
suspend the privilege of tina; writ, and must
be considered in the same point of view as
the violation of any other public law made
to protect the liberty Of the citizen. In
the present case however, if there was a.
refusal 10 obey this writ, it was a violation
of an act OF Congress, establishing that part
Of Louisiana where this transaction took
place into a territory, which eXpI essiy de-
clares that the iuhabitants of the said ter
ritory shall be entitled to the hcrefit Of the
writ Of habeas corpus, and IT is punishable
as such but it cannot be considered n
breach Of the constitution 10 any other res
pect than the violation OF any public law
made ~ pursuance Of that constitution
would be, and OF course cannot require le-
gisla.ivc interference. With II gaI d to the
, other three articles cf the constitution, to
a wit: tho 9TH, sch, and 9th amendments
thereto, said 20 have been violated by'the
. conduct OF Wilkinson, very brief exami-
n nation viii shew that 'herC arc provisions
s by law in every part Of tic union 10 Cu-
force obedience TO those patts OF trc cor sti-
], tuition, and punish those who Violate them
e Tie first Of these articles c ely declares
IS the right cfthe people &C. be secure Do jheir
e persons, houses, &c. against unreasonable
j. researches, sCIZurcs, &C. and that no war.
r. r- pt elr1I feeDr but 11frpp t.Yrtal.t. co-teo