Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-23
From the National InssIllgsneer.
Argument d M. HARPER N nc case q
I Q laessrs. Bolgnass and SzuavtzVo,a.

wit of habeas corpus, 10 oIiuS isAcssss'
Bollman and Swar'wout up, and TO en-
oulre into the legality OF their commit.
men, on a chargs OF high treason, by tue
circuit eours Of the district OF Colamoia.
He also moved for cer.iofafi, TO the
GREAT coaIt of the district Of Columbia
10 sc nc up the record of their proceedings
GA the subject.
After Mr.. Lss's argument, the
case stood ovel till the next day, when
Mr.. HARPER, as cosnsel for DR.. Boil.
man, was heard by the caur, 10 support Of
the motion. ihe substance OF his argu.
mene was as follows:
The persons, may tpIease Your honcrs,
On whose behalf this application is made,
having bean committed by the circuit conrt
Of the district of Col1 nbia, two questions
arise onder the motion nov before this hos
norabte court.
1. Whether the supreme court Of the u.
S. have, il gen-ral. power to issue the
writ OF habeas ecrpas, sor enqairng into
The cause Of commitment? Or in tecbni-
cal lanenage the writ 81 habeas corpus al
subjiciendum
9. Whether adeaitting this cour, to have
this power 10 general itican extend 70 the
case Of COMMITMENTS by the ejrcni1 court.
As TO the power in general, of issuing
the great remedial Wfie OF habeas corpus,
coassnd hat iyis possessed by this court,
as a power incident 10 It's existence and
nature rs a supreme conrtof record. Tbs
power, contend, IS conferred blythe cona
non Saw. That every conr:, however
created, possesses necessarily certain met
denial powers as a court, canno, BE denied
or doubled We caa no noyc forn1 aa idea
OF a eouyt wilhoa. accidental powers, Than
Of stnpe w"hpct weight. or q surface
wi,hauf extension. The practice Of every
dav proves the correctness Of his theory.
Does this eoucg possess GO powers bus
those expressly given 70 it BY salute or
the constitution? Can it not protect itself
from insu!e or outrage? Can it not enforce
obedience to lis Immediate orders? Can
il cor lmpriaoa for con,enP.s comaai,ted
il It's presence Ia CASES where it has orr.
ginai Iurisdictloa. can II not imprison
uitness for refusing to attend, when sum
tnaoed, or for refusing 10 answers Can it
nos punish jurors, by fine or iluprisop.
uent, for refusing to a!eeRd, Or fer cootU-
mscy or other improper conduct after they
have atseaded? No doubt can be eater.
tained of It's possessing these povers.-----
Whence does il derive taeu.s From the
constitution? No: the constitution is 81.
iens ca the subject. Esosa the acts Of
congress? No: the acts Of congress arc
equally s,leas. Htlence ttaens ] answer,
from the commou Law.
do not wish, may ii please yoss- ..
nera, nor intsni, TO agitas= here a gues-
tion which has been much discussed IN
this ceuntry, aud very llSfle underwood,
respecting cogmoa law Jurisdiction in
the courts of the u S. 10 punish offences
againa, The goysrnmsa. of the u. S. The
question IS unnecessary. Ii has no con.
necsion with the present case. The power
TO punish offences against the government
has never been considered, and cannot be
considered, j as an Incidental power, IN any
court. But contend that the power OF
issuing wri,s Of habeas corpus, for the pur-
pose of relieving from illegal imprison-
ment, is one Of those inherent pawess be.
slowed by the law On every superior coart
Of record, as incidea al TO lis nature, for
the protection Of the cisizen.
lsbeing clear then sAa. ineideosal powers
belong 20 this in common with every other
court, where, ask, are we TO lock Ter the
definition, the enumeration and the extent
Of taose powers? ! answer 10 the COM
mon law: In thst code from whence We
derive all legal definitions, terms and
ideas, which forms the substra,uua CT all
our Judicial systems, of all oar legislative
and constitutional provisions. | ask, may
ii please your henors, whe'aeri il be passi.
bie,o move a angle s;ePin any judicial or