Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-10
Tl2 IL Gents Siingle.1

convenience for a time, in order TO secure
the public happiness. The suspension only
applies to particular crimes, the liberties
of the people will not therefore be touched
do think a great responsibility Will rest
on this branch of the legislature in case
they refuse to pass this act Suppose the
head of this conspiracy shall be taken, in
district of country where no evidence exc
lists of the crime charged to him, and he
shall consequently be set at liberty by the.
tribunals of justce-where will the respon.
siblity rest but upon this branch of the
legislature It is too great for me IS an
individual member to bear. / shall there
fore vote for this bill under the impression,
that 1t will not have the injurious effects
that some gentlemen seem to apprehend,
and that it will only more cffectual.y con-
sign the guilty into the hands of Justice.
Mr.. r. NELSON. AS the motion to res
ject the bill meets my most hearty apppro-
baton, and asI consider it involving a great
national question, cannot reconcile it to-
my duty to give silent vote OH it. l shaii
however, in order to avoid an unnecessary
consumption of the time OF the House, offer
my remarks in as concise a compass as posi-
sible. I shall first consider the nature OF
4, the writ of habeas corpus afterwards e&-
Smine its effects, not only on the individual,
bS on the community at large, taking into
view the mode of proceeding under it, TO
show, ass | conceive, that no danger can enA
sue, on the refusal to pass this bill.
What is 1STit of habeas corpus &c is y.
writ directing ~; certain person in custody
to be brought bef6se tribunal OF justice.
to enquire into the leg@TSty, of his confines
ment. If the judge is OF oPr,si9n that the
confinement is illegal, the perSo4-sgl44l--nt->
course be discharged; if on the contrary
from the evidence, he shall be Of opinion.
that there Is sufficient grounds to suspece
that he is guilty of some offence, he will
not be discha rged. Now to me it apbe ars
that this is a proper and necessary pswer
to be vested la our judges, and that a sus~r
pension of the writ of habeas corpus is in
all cases improper. If man is t. ken up.
and is denied an examination before iuGges
or court, he may, although innocent IN.
this case, continue to suffer confinement.
This in my opinion is dangerous to the L.
berty ofthe citizen. lie NAV be taken uIs
on vague suspic on & may not have his case,
examined for months, or even for yc&r5s
Would not this bear hard upon the rights
OF the citizen
Let us turn over leaf, and see how tho
government stands Ii the person accused
is legally 60 ImItted, or ii it shall be pros
we'd that he haul committed any offence, the
judge vii say that he shall not be re-f
eased. II ne has comm tied an cfiencei
there can be no grounds for this suspcns on-
because without such suspension he will not
be discharged because il does not follow
that inasmuch as man has right to de-
mand that he be brought before Judge bv
a writ of habeas corpus, he shall therefore
be discharged He is only bound to cx%m~
inc him, and If he finds there is strong rea-
son to believe he has committed crime,
he may remand him to confinement.
This is writ OF right, which Ought to
exist under all governments on earth.
What right? The right fbeing cXaAin~
ed by the tribunals of his country, to Geter~
mine whether there IS any grornd for the.
deprivation of his liberty Is this right
which ought to- be suspended merely to or -
tify the approximations Of gentlemen |! / think
not. The trainers Of the constitution have
said "The privilege cf the writ of habea,A
corpus shall not be suspended, except when
in cases of invasion or rebellion the public.
safety shall require it." Well, bur saws
the gentleman frow Mass. can any one de-
ny that this is rebellion 1t may pcr-
haps be, but think it does not deserve the
name of reDeliion--t is little, pettv, tri.
fling contemplate thing led on by dcspeS.
rate man, at the head Of few Desperate
followers thing which might have been
! dangerous, if the virtue of the people had
not arrested and destroyed it. But admis
that it is rebellion Will every rebellion
/ JUSTIFY d suspension OF the WITH OF naDeaS
corpus. The constitution says "The pris
vilege Of the writ of habeas corpus shall
not be suspended, except when in cases Of
invasion or rebellion the public safety shall
require it," Does then the public safety
require this suspension Does the the con-
/ stitution require it? And under present
circumstances confirming MAN in prison
without cause--There is no danger. the
enemy is not at our door--there is no inva-
sion--and vet we are called upon to sus1
1 pend the writ of habess corpus. This pre-
cedent, let me tell gentlemen, may be a rub,
mons, may be a most damnablc Drccedens
IA precedent which hereafter NAV be
most hagrantly abused. The executive
NAV wish to make use Of mort energetic
measures than the established laws OF the
land enable him 10 do--he will resort 70
this as precedent, and this importau1 pri-
vilege will be suspended at the apallest
/ appearance Of danger The effect be
that whenever man is atthe head Of our
affairs, who wishes 20 eppfsss or wreak his
/ vengeance ON those who are opposed 70 him,
he will fly TO this as prscedcnt--it win
truly lie precedent frlught with thc great
est daugcr--A precedent which ought not
be set except in case Of the greatest ne.