Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-24


! Lavv TO secure the Privilege Of the zurit
Of HabeaS Corhus 10 hersons in CUSTODY
aender or by colour fthe authority ofthe
! United States.
Continued
Mr.. BlDWELL observed that or mo-
tion to refer this resolution to n committee
! of the whole, ne thought it unnecessary to
discuss the merits of the subject at large
since the very object of the commitment
was to afford full and airopportunity for
such a discussion, and for any specific pro-
position, which the mover might think pro-
per to submit He was in favor of the pro-
posed commitment, but on very different
| grounds from some of those which had been
urged. Whether the conduct of the COM
mander OF our army, in arresting certain
| persons who attempted to corrupt him and
Seduce the army, to join in a conspiracy a.
gainst their country, was TO be condemned
| or not, was a question not suitable to be ac-
! ted on at the present time, and under eX-
listing circumstances. II the House were
! the proper tribunal to decide that point,
this was not the proper mode of deciding it,
nor the proper time for the decision. No
one would deny that the commander Of an
! army or of post might be so CircumStan-
! ced, thatit would be his duty to make 4 sell
zure of suspected persons. or perhaps do
other acts not provided for by any law. In
such case he must act under high res
/ possibility, and throw himselfupon the JUS
! tice Of his country. On this ground Gen.
| Wilkinson had protested to act IF his
! professions should be justified bv the real
state of facts, he would be entitled TO a ia
vorable consideration. But at present it
was unreasonable for the legislature to ex-
:, press any opinion to take any measure. He
regretted therefore, that the gentleman
from Delaware, (Mr. Broom) had resorted
TO this transaction in support of his motion.
On general principles, MIR. p. added, he
was willing TO so into committee Of the
whole on the subject. The Importance of
the privilege ofhaheas corpus was acknow-
lodged by all. The constitution, 'bv res
tricting the legislature from suspendng it,
except when in cases Of Invasion or rebel
lion, the public safety my require a sus-
, pension, hadrcccgnizcd itas writ of right,
and our statutes had authorised certain
courts and magistrates to grant it. it had
: been, indeed, in some respects doubtful
$ where the authority to issue such writs was
, lodged. Whether, for instance, the SUI
! preme Court, a circuit court, or the justi-
, ces Of the Supreme Court, out of their APP
propriate circuits, had that authority, were
! questions, on which, not only professional
men, but Judges themselves, had differed in
r opinion. Some improvements perhaps might
: be suggested. Although he lamented that
I the gentleman from Delaware had moved
the subject at the present time, while some
of the questions involved in IL were under
the consideration of the judiciary, and that
- he had referred, in his argument, to the
late transactions at New-Orleans, of which
we have not sufficient information to form
a satisfactory Judgment, yet, he would CON
sent to refer the resolution to committee
of the whole, for the purpose of cons der
ing such propositions, as that gentleman
! might offer for the amendment of the law
# Mr.. EARLY-Mr Speaker, feel very
e much at a loss to discover the correctness
of the conclusions drawn BY the two gen.
tlemen from Virginia (Mr. Eppes and Mr.
; Burwell) from the reasoning which they
have used My views of this subject are
r, in part the same with theirs; but those
: views will leave me to give a vote directly
the reverse of that which they intend.
The motion to refer the resolution under
i consideration is Objectionable with me, be.
cause Of the time at which it is made The
u resolution itself was laid upon the table up
wards of week ago-indeed ten days ago
s And now when there is left but a very short
d space of the session, and the House is ex.
5, trcmcly pressed with other business highly
= necessary to be done, the resolution is cal.
A led up, and a motion made to refer it TO the
d Committee of the Whole No gentleman
can believe that the subject can be matur
ed and a law passed this session Indeed
sir, it does not appear that the honorable
= mover himself intended that any thing de-
fnitIvc should be done. On the contrary
from the course lie has thought proper t
" pursue, it would appear every how proba.
Dt bic that even his own wishes were other
d wise. 1T would appear, sir, that he hsC
i intended from the Beginning to use the oc.
1t casion as an instrument by which an i'm.
% preston should be made upon the public
n mind unfavorabe to some recent transact
N ons at New-Orleans. Indeed the gentle
II man has come out and openly given 20 TN,
ID subject that dirccHoH.--And this circum
S stance forms with me another objection t
- the motion for a reference. Hang up tn,
= subject until the next session, and wha
must be the conclusion in the public mind
The answer is irresistible-that this Hous
entertain the idea that the privilege of tn
E., writ of habeas corpus has been unnecessa
rily infracted. What follows ? That tn
recent transactions at New-Orleans wer
not demanded by an imperious necessity
e, and Of course ought 90 receive the indignar
C. fr1wns of the nation. The agent in thos
&c. transactions too, must in the mean time b
as consigned over to public odium. Now, sir
Re ! take this occasion to declare my most dt