Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-03-24
fItar. Broom's Speech concluded.
Wi,hou the mos, prompt attention 70

- ttIthOuf the moSt pfOthpt huCunOu w
She reservation of our privileges, we
may have The form. bu, we shall no. long
have tie substance OF free government
and of ali goyeroasnts, / think that the
worst, where sbs sound of liberty supplies
the place OF the reality, and q Thousand
petty ,yrsnm take sheites under the cloak
of sepublicaoiana. This resolution IS op.
postdbv a gvn,lsonsn from Niassachusetts
(Mr. Bldwsli Oh we grenEdss First,
that we must necessarily decide on the IN
nocsneS or guil, Of gen. Wllk'nsoo De
coad.. lhassth laws are already satlsisns'
WIN respect 10 the ffst,. have already
centendcd thar the law, providsng only
for future cases, Wit have no retroactive
eGecs. would be sorry ID try gen. Wh'
kinson or any other peEeoo, without sui
festrg him 70 be heard bat We know from
his own letters that the laws have besn VIC.
lated--we know tia, these violations sc,
rleusiy affect the 6ea, est shss OF inc cl'l'
zen, aod We cannot deny that such viola
lions ought 10 be guarded against by etiici'
co. laws. These facts then are suh;cie1t
TO justify al inquiry, whether sceh sftlci.
eat laws do exist; snd as hey are facts
which no one will deny, 1t cannot inlure
gen. w. or any othsr person it We make
laws to guard against the recufrsace of
them 10 future. II is said these men
could not be tried at New Otleans---lt IS
not material 70 involve IN cur discussion.
this question; for if they could no, be til
ed they might have been imprisonea there
until they were Transferred according TO
law to the place where Iial could be had
but i: can never be juss.G Sable 10 = nail.
sary officer 10 seize aaa .6cpors to any part
of the u. S. any citizen whoaa he might
suspect of guilt. If it were admitted an
officer might carry man from place to
place untli ne found ,iaogss and .juties d'a-
posed TO couvict--.he constitution 10 The,
contrary notwithstanding. Gee. Wi!kip-
sons zeal may have been sincere ana hs
motives pure. and the pressure OF clrcnrs.
stances such as 60 make him feel jnssjha-
bic in his conduct-~ous. ssr, We never can
with safety ea.5nst snca aphmi,ed discre.
lion to any military officer and such con.
duct, hdwey er innecens the uot,vas, ough,
TO be guarded aga:ast byshe most sesere
laws The seeord ohjsetion OF the gen.
tisman from Massachusetts IS, that the
laws are already sufficient. They surely
have not been effeetaal 70 prevent tbs abuae
of the. privilege Of hsbsas corpus. This
writ was issued az New Orleans snd geo.
Wilkinson 10 open court took upoa him
self the responsibility of refusing to obey
il. The writ was issued at Charleston and
the officer refused 70 abey it-ane The mi
lnary continued IN possessien OF their pri
sonsr until they arrived at the place OF
their destination. The people of Eng
land never considered she wsit of habeas
corpus perfectly secure unsili. was strength
eaed by the statute of CHARLES. It seems
generally agreed ihas provisions similar TO
that statute would be useful; but some
gentlemen say shat il EXTENDS to the 4. ).
and the gentleman from Pennsylvania Mr..
Smilie) admits that If il does net extend,
similar provisions ought to be maize. Sta
tu,cs dsclaratofy of the common law are
sometimes received in cur courts, but ]
believe that it never was considered mat
penal statutes could extend without express
legislative provision. In Delaware, Penn
sylyania and New York, and perhaps O..
Their states, laws have been made TO sup
ply the provisions of the statute OF Charles,
and Upon the principle that the statute did
not extend. If these provisions are uae.
full, aud there could be a doubt about the
statute, the laws of the u. S. ought to
provide, although shs constitution secures
abe privilege, and the laws anthorise the
Judge. to grant the writ, yet without Pc
nslties the privilege is soo liable to be
abused. If snoficer refuses obedience TO
the writ Of hsbeas corpus, what remedy
hs. the Injured party he must sue for
false. imprisonment, and if any prejudice
sxists agaips, him. or IN favor of the off,
Ls an, IL 1,xal., Al a