The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-02-10
TO the nature and
~ bLuME 8.

! Let us pay little attention lcr,rDus I'll
: character of the writ of habels "a there col
Its origin in Great Britain, and Y. "a trefpe
dered in two great points OF sic, e fuh;eef.
the monarch, and as it refpetsh e of the II
1t refpects the monarch, it is OK 2: but il
! prerog0tiva, a writ of prerogatiV noreafe
not Considered as calculated to- fe r Of
power of the king or the fplea '<,L Ter il
throne in its origin and true 60 rae Iii
viewed as prerogative. exerciied by IN &c
or thofe authorities to whom his judi al ,
ers are furpo!ed to be delegated. onty for
purpofe OF fecuring the conlti,uNopai rigfsh,
the iubje6t, and restraining the invaiin of thts
rights. AS it refpe0s the fuhjcGt, it is qv5if
g'ristt, aud is emphaically called, ! Eugiifh
! writers, 4 writ ct liberty.
! By the proyiGcns Of the E nous fatute of
Charles the ftcond, which has even !, cen called
fecond n:aSa6 ebarta, its privileges gua-
ranteed to ali Sritih fubje6ts at all Il mes. An
| eminent Eugih author, and the mole popular
writer upon iubjetts of legal fciences confders
| Its iutpeniion as the fnfpeDiion of liberty tfef;
declares that the meafure ought never TO be re-'
| iored to but in CAFES of extreme emergency
and fays that the nation then parts with its free
dom for fhort and limited time. only to res
| fume and fecure it forever. Hence he compares
| the iutpenfiou of the habeas CORPUS act in G..
Britain TO the dietatorihip of the Roman Repub-
| lie.
But Objectionable as the bill upon the table is
in point of principle, it is, if pofiib,e, fill more
| Objectionable in point of detail. 1t invefs
with the power of violating the hrf principles ,
| of civil and political liberty, not only the fu-
preme executive, and the executives of indivi-
dual itates and territories, but all civil and mi
| litary officers who may derive any authority
whatevcr from the chief magiarate: And it ex-
tends the operation of the fufpenlion of the pri-
riieges ot the habeas corpus, not only TO per-
ions guilty or iufpeGted of trcafon, or mifprifon
| tre3tOu n hO ma he fed f,f
any Otber crime or miiasmeanor, tending to en-
danger the "pcace, iafety, or neutrality" of
the United States What vait and almoh IL
limitable field Of power is here opened, in which
executive difcretion may wander at large and
uncontl ouled. A valt and dangerous fceuc Of
power indeed 1t gives the power of difpeni-
ing with the ordinary operation of the laws to
a hoit of thofe Htt'e great men, who are attach
ed to every government under Heaven. with
not to reheGt upon any of thofe subordinate
officers who may be employed by the govern.
ment Of my country.
| Here the door keeper announced mef1agc
from the Senate, and MIR. Elliot fat down till
it was delivered by the iecretary. lie then pro-
ceeded.
| But no will doubt that in times of alarm
and danger, many men will be clothed with
the functions OF Office, who are incompetent to
the difcreet exercife of fuch boundlefs dfcreti-
on. can never with to fee fuch perfons in
vehed with the means of aiming at the heads of
| their private enemies, or other innocent and
| unoHending citizens, the thunderbots of pub
| lie Indignation, or fcorching them with the
lightning of public fufpicion. Says the po-
Gould great thunder, love would ne'er be quiet
For every petty pelting officer
Would ue his heaven FOR thunder,
! Let us again ak for evidence of the necei1ity
of this meafure ? Certainly none can be pro-
duced, for we are informed from the fr(f au!
thority, that if the prefent be not time of
profound peace it is far from being period
ofpubiic danger. The leader of this petty re-
bellion has been called the modern Catalina.
Undoubtedly he pofiel1es many OF the qualities
which celebrated ancient hiftoran afcribes to
the Catalina of Rome his genius, his addrefs,
his activity, his prohigacy: But he is deifitute
of his means and refources. He wants that
power of doing mitchell which the Roman COM
| iPlrator poGefled. So far is he from being able
to make war upon bis country, that he cannot
take pofetiion of Jingle city. He is rapidly
hattening to the fame fate, although he may
not meet IT IN the fame manner. Already is he
s. damn'd 10 everIaning fame" or rather
damn'd to everlaf!ing infany. Already is he
a fugitive. Already price is fet upon his head
In the papers of this morning we fee that the
governor of Orleans has offered reward for
his apprehension. We cannot but deteft the
traitor, but we can have no fears of the confe-
quenccs of the trealoD. MIR. Z. concluded Inv
eXpreting hope that the bill would meet de-
cided vote of rejcttion,
MIR. EPPES. When feel decided hoftili.
tyto principle it is not material TO me in what
form NEE, it. Decidedly oppofed to the
| principle OF this bill, fhal vote againft il in
all its tagcs, and cannot but hope that the mo-
ton OF my colleague to rejeGf it will prevail,
By this bill we are called upon to exercife one
OF the mott important powers veited in Con-
gres by the contribution OF the u. States a
power which luipends the perfonal rights OF
your citizens, which places their liberty wholly
under the will not OF the executive magiarate
only, but OF his inferior officers. Of the inn
Portdnce OF this power, of the caution which
ought to be employed in its exercife, the words
of the conRtsuon afford irrelinible evidence.
! The words of the contribution are " The pri-
vilege OF the writ OF Habcas Corpus (hall not be
iuipendcd unlefs when in cafes of rebellion or
nvalion the public idfey may require it," The
| wording of this clasfe of the contribution de-
crves peculiar attention. 1t is not in every cat.
OF invalion, nor in every cafe Of rebellion, that
the eXerclie OF this power by Congrefs can be
fulfilled under the words of the contribution,
! Fhe words OF the contribution conHne the ex.
erciie of this power excluhvely TO cafes of re-.
hell inn mr. aifcAr t-yl, Il IL.