Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-06


sonal liberty of vour citizens. Is this one
o. those great crises that require a ssspen-
sion, temporary proStration of the con-
stitution itself? Does the stately superstruc-
,ture ofour republic thus trembIc TO its CEN
tire, and totter towards its fall Common
sense mast give negative answer to these
questions. What are the facts? Ut is in
deed case of rebellion. We are officially
informed that rebellion has reared its hv-
dra front in the peaceful vailies of the west.
bat we are also Informed by the executive
that treason has no prospect of success;
that s'the- fugitives from the Ohio, and
their associates from Cumberland, cannot
threaten serious danger epen to the CITY of
| New Orleans" Not a single CITY, still less
a territory or state, is considered in dam
ger; and the executive not only possesses
all the information which has been commu-
nlcated to us, but much more, for we are
informed that the communication has been
made under the reservation contained in
the resolution requesting it, and of course
iallthc facts III tho knowledge of the exc
! cutive, which arc deemed improper for dis
closure at this time, have been kept back
I And the executive, possessing all this in
formation, assures us that the public safety
/ is not endangered Can we, under these
circumstances, consent to the investiture
the government which thus assures us that
all is safe 1t would be contrary to the spi-
rit ofthe constitution.
| BIT we shall be told that the constitution
has contemplated case. OF this kind, and,
IN reference to them, invested us with un-
limited discretion. When any pentlcman
shall advance such position, we who adj
vocate the rejection of the bill, will meet
him upon that ground and put the point at
issue. We contend that The trainers of the
constitution never contemplated the excr-
Icise of such n power under circumstances
Hike the present; ard that the constitution
Itself, instead of autaorising, has prohibit
ed such discretion, unless in an extreme
lease And can any member lay his hand
upon his heart, and say that the present
is a case ofthat description He who can
not do this must with us consider the pro-
posed measure as unconstitutional.
Let us paw little attention to the nature
and character ofthe writ Of habeas corpus.
It has its origin in Great Britain. and is
there considered in two great points of
view, as IL respects the monarch, and as il
prospects the subject. As it respects the
monarch, it is one oftfe jtt,-a hrerogatfva,
n writ of prerogative; bat it is not ccnsi-
dered as calculated to increase the pow er
of the king or the spIendor of the throne
in its origin and true charaCterit is viewed
tas prerogative, exercised by the king, or
those authorities to whom his judicial pow
ers are supposed to be delegated, only .or
the purpose ofsecu;ing the constitutional
rights of the subject, and restraining the
invasion Of those rights. As it respects the
subject, il is a writ Of right, and is emph4-
tically called, by English writer's, writ
of liberty.
\
BY the provisions Of the famous statute
of Charles the second, which has even beea
called second magma charta, its priv =
leges are guaranteed to all British subjects
at all times. An emjneSt English author,
ana . -hs most popular writer upon subjects
of legsl science, cous,1cYs it's suspI >''sion as
the suspe,is.,1,n, of liheFty itself; declare
that the measure ought never TO be resort
ed to but in CAGES of extreme emergency
and says that the NATION then parts with its
freedom for n short and limited time, only
to resume and secure IL FOREVER Hencehe
compares the suspension ofthe habeas COR
jpus act In Great Britain to the dictatorship
Of the Roman Republic.
But Objectionable as tae bill npon the -
be it in point Of principle, lis. IF DossibIr
still more objectionable in point of deta;I'
1t invests with tile power Of VIOLATING tbs
first principles Of civil and political iibet-
ty, not only the supreme executive, and the
executives of individual states and tcrrito-
ries, but all civil and militafy officers WIN
may derive any authority whatever from
the chief magistrate: And it extends the
operation Of the suspension of the PRIVILEGES
OF tie habeas corpus, not only to persons
guilty or suspected Of treason, rmisprison
OF treason, bot to those who NAV be sccps-
ed OF any oSher crime or ni.deUrono,.
tending to endanger the "peace, safety. ~,
neutrality" of the United States! What
a vast and almost ilimitable field Oh newer
IS here opened, in which executive discre.
ton may wander at large and uncontrolled.
vast and dangerous scene of power in.
deed it gives the power Of dispensing with
the ordinary operation oft laws to a hogt
OF those rue great men, who are attached
to every government under Heaven.
wish not to reflect upon any Of those subor-
dinate officers who may be employed bv
the government Of my country.
There the door-keeper announced a mes
sage from the Senate, and Mr.. Elliot sat
down till 1t was delivered BY the secreta-
ry. He then proceeded]
But no ono will doubt thar in times or a.
larm and danger, many men viii be cloth.
ed with the functions Of Office, who are in.
competent 10 the discreet exercise Of such
boundiess discretion. l can never wish 20
see such DeySODs invested with ths ,,,,......