Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-07
70 l-2 Cents Single.7

III -. ). NO person Sn;tll We NelQ 20 an
swer for capital, or otherwise Infamous
crime, unless upon prescntment or indict-
ment OF grand Jury, except in cases arising
III the land or naval forces, or in the militia,
when in actual service in time of war or pub
lac danger nor shall any person be subject for
the same offence to be twice put IN jeopar-
dy ofiife or limb nor shall be compelled in
any criminal case to be witness against
himself; nor be deprived Of life. liberty, or.
property, without due process oflaw nor
shall private property be taken for public
use without Just compensation.
".frt. 6. In all criminal prosecutions,
the accused shall enjoy the right to a speedy
and public trial, by an impartial Jury ofthe,
state and district wherein the crime shall
have been committed, which district Shall
have been previously ascertained by law,
and to be informed Of the nature and cause
of the accusation; tobe confronted with the.
witnesses against him /; to have compulsory
process for obtaining witnesses in his favor,
aud to have the assistance of counsel for
his Defence
Ii IS obvious that most of the privileges
intended to be secured by these articles to
all our citizens, have recently been denied
, TO some Of them, at the point of the bayo-
net, and under circumstances of peculiar
violence. 1t may indeed be said that the
privilege Of the writ Of habeas corpus was
not denied in the first instance that it
could not be said to be suspended until the
! injured persons were placed IN situation
which entitle them to demand it from the
judicial power of their country. 1t is true
that notwithstanding inter Gr7a silent ie-
ges, although the laws were silent amid the
thunder Of arms, and although a thousand
, terrors lowered around those who dared to
exercise their professional duties in support
of the constitutional rights OF the citizen,
n wit Of Habeas corpus was claimed and
, obtained; and Ihad supposed chat the We
w singular reuturn which is said TO have
, been made to the writ, was placed on our
Official files. On searching them, howe
, yer. Go not discover it; but it has been
published in all the newspapers, & copy
of It is now before me, which | Will read.
"Thc Undersigned, commanding the ar
my of the United States, takes en- himself
all responsibility for the arrest o. Dr. Erick
boilman, ona charge of misprison of trea-
son against the United States, and his a.
! d0pted measures for his safe delivery to the
executive of the United States 1t was af-
| ter several consultations with the govern
or and two of the Judges Of this territory,
thatthe Undersigned has hazardcd this step,
for the national safety, menaced TO its base,
! by lawiess band of traitors associated un~
| der Aaron Burr, whose accomp,iccs are
extended from New-for! to this city. No
man can Sd in higher reverence the Ci-
vii institutions OF his country than the UNI
| dersigncd, and IL is 10 maintain and her-
hetuatc the hoiy attribute Qfthe constitute
an, against the uplifted hand OF violence,
chat he has interposed the force of arms in
( a momert of extreme peril, to seize upon
/ Bollman as he will upon all others with
out regard to standing or station, against
~ m ~ NJ
{ participation in the lawless combination.
GAMES WILKINSON.
"Hcad quarters, army of
! the u. S.-Eew Orleans,
Dec. II, 1906"
Here is return, not of obedience to the
| laws, and high reverence FIR ciuiI inStitHS
lions, but ofdisobcdience & defiance The
constitution is violated in order 10 preserve
it inviolate Frustrated in the dust by mi
! litary power, for The purpose OF maintain-
! ing and HerfctUatiug its hoky attributes.
And what great national object was to be
accomplished By such extraordinary mea-
sures! What necessity could exist of sell
: zing one or TWO wandering constructors,
and transporting them fifteen hundred or
two thousand miles from the constitutional
I scene OF inquisition aud trial, to place them
! particularly under the eve of thc national
I government, when, II the opinion ofthe of
/ hcer himself was correct, It would imme-
! diatcly become the duty Of that government
( to suffer them to 20 at large IN regard to
: one OF them. the general was uncertain whe-
/ Their he had committed a major or a minor
crime and the other he explicitly pro-
4 nounccs, rs We learn from our oiicial do
cuncnts, guilty of misprision Of treason, at
all events Il ba'lablc offence. He SAYS,
"from the Documents IN my possession and
the cn-prgl lone. ,pti,.l a- tyoIG