Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-20
CONGRESS.
house. OF REPRESENTA- TYPES.
WEDNESDAY, FEB. 10.

Broom, 10 make further hroUfsion 6s,
! Ia'o TO secure the Privilege Of the gvrit
! Of Ha6eaS CORPUS TO herSons in cusfody
| under or by colour ofthe authority ofthe
! United States.
! Continued } ,.
! % Mr.. BURWELL said he had determi-
ned to vote for the reference of the resolu4
ton, that the mover might suggest any adj
ditional security to the personal liberty of
the citizen he thought necessary, although
he did not believe change in the law ma
terial, or that one essential provision had
been omitted. Had the gentleman from De-
I laware confined his remarks to the subject
! of his motion, and avoided observations I'M
connected with his ostensible object, ne
should have acquiesced silently. The con-
Stitution of the United States recognises the
writ of habeas corpus, without determining
| In what manner it shall be enforced in the
courts. That can only be ascertained by
recurring to the acts Of Congress passed in
| 1889, establishing a judicial system, organ-
| zing courts and fixing their powers. The
18th section of that law, relates to this writ,
| and says, "This and all other wrts not spe:-
cially provided for by statute shall be issu-,
ed agreeable to the principles and usages
OF law" Mr.. b. contended the principles
here alluded to, could only be those of the
English law, and the usages those of their
in the constitution, or laws OF the union, a
single sentence relative TO the subject, and
the decisions heretofore had IN our courts
would be consequently illegal. He said
he was fully justified in this position by the
uniform proceedings in the courts, and par
cularly these which have recently taken
place IN this district before the court act
| ing expressly under the laws of Congress
| To shew how ample the provisions were,
| ha -
vol. Sd, p. 1S7, statute Charles Cd. ''Any
prisoner may move for and obtain his wris
I OF habeas corpus, SC. and the lord chan
cellor or judges, denying the same on sight
| or the warrant or oath, that the same is
refused, shall forfeit to the party grievcd,
the sum, Sc" The Judge is here compel-
led under heavy penalties, to afford relief
to all persons who apply for the writ, and
we shall presently see the law guards a.
! gainst delay or evasion by farther limita-
tons on the discretion of the Judges. NJ.
b. said he admitted the specific penalties Il
the statute didn attach to the Judges and
courts of this country; but it established
their duties, and the punishment inflicted is
regulated by the constitution and law of the
| u. ). applicable to judicial offences and
J., mIsdemeanors. The same statute Provides
"that officers and keepers neglecting to-
make due returns, or not delivering to the
prisoner or his agent, copy of the war
rant of commitment within six hours, or
shifting the custody cf the prisoner with
out sufficient authority shall forfeit, sc E"
In addition to this, the court could enforce
It's process by attachment, fine and impri-
sonment, and call on the executive for aid,
IT resistance is made. MIR +. said this sta
tute was considered as having comp etely
guarded against oppression, and was eX-
pressly intended tC pu. an end TO the evasi-
ons of the judges "The oppression of an
, OBJ cure individual gave birth to the famous
habeas corpus act, 3lst. Charles I'd, which
is frequently considered as another Magma
! Charta' ofthe kingdom, and by consequence
and analogy has also in subsequent times,
reduced the general method Of proceeding
On these writs and (though not within the
: reach of that statute by issuing merely at
common law) to the true standard of law
and liberty, b. g. 1S6. What more is re-
quisite Your courts are compelled TO is
sue psocesS, and grant relief vour officers
to carry it into effect, and your citizen to
obey. Mr. b. observed it appeared TO him
, impossible to devise additional provisions,
! when those already Incorporated into the
Jurisprudence Of the country by the act of
/ Congress, and exercised by the courts, en-
. brace every case arising under the laws
! and extend to all persons confined under
the authority or color of authority Of the
u. ,. He, however, was not Il professions
al man, and was therefore the more dispo-
sed in favor Of the commitment, least lie
should be mistaken in his Impressions IL
the gentleman from Delaware should dis
cover any salutary alterations, he should
not only receive his vote but his thanks
We have been told, said Mr. 3. (hat all
the states have passed laws upon this sub
= ject. Does it follow VIC have none Ccr~
tainlv rot. They have enacted the proyi-
sionS OF this t,tute specifically, VIC have
adopted them by reference each mode is
equally good, and affords equal protection
70 individual fights. Indeed it is inctedi-
bic we should have remained until the pre-
sent time ignorant og this chasn IN our in
stituiions, and whatever the gentleman may
say, the recent events at Ncw-OrIeans are
not the first in this country which would
q have announced its existence. As far back
D as 1895, n distinguished citizen, during the
=, insurrecton OfPennsylvania was seized bv
q the military, carried 10 Philadelphia, and
{ committed to Jail without q mittimus; and
kept three months in confinement. Not
lwithstanding repeated applications for the
writ Of habeaS corpus every effort was G.
tvaded during that period, and ~ length
when he was brought before the court, not
a In rF rIr..- q