Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-17

~ FnS TFOUSP O hC/fTCSFNfUtSPcS w 'ft
I bW 10 sushend the PRIVILEGE ofthe Turft
certain cases.
iCcoScLUDED.)
Mr.. SMILE. I shall not detain the
House long bv the remarks which ! pro-
pose 70 make on this subject. ] shall wave
all observations on the mode of proceeding
on this occasion, whether we shall reject
the hill on its first. or suffer il to go to n
ccnd reading. The question is now put,
and | am called upon to give nv. vote Ell
ther in the affirmative or negative ]
therefore feel under necessity to put nv
negative upon it. I consider this one of
the most important subjects upon which
we have ever been called to act. 1t is a
question which is neither more nor less
than whether we shall exercise the only
power with which we are clothed, to re
peal an important part of the constitution.
1t is in this case only that we have power
TO repeal that instrument. A SUSPENSION
OF the privilege of the writ of habeas COR
pus is in all respects equivalent to repeal
ing that essential part of the constitution
which secures that principle which has
been properly called in the country where
it originated, the palladium of personal IL
berry. If we recur to England, we shall
find that the writ of habeas corpus in that
country has been frequently suspended
But under what circumstances We find
il was suspended in the year I715, but
what was the situation of the country at
that time? 1t was invaded by the son of
James the ll.-there was rebellion with
in the Kingdom and an army was organi-
sed. he same happened in the year 1745
ON this OCCASION it was found necessary to
suspend it. In latter times, when the eo-
vernment had grown more corrupt, we
have seen it suspended for an infinitely less
cause.
We have taken from the statute booI, of
this country this most valuable part of our
constitution. The convention who framed
that instrument, believing that there MIGHT
be cases, when it would be necessary TO
vest a discretionary power in the executive,
have constituted the legislature the Judges
Of this necessity; and the only question now
to be determineds, does this necessity ex-
list There must either he in the country
a rebellion or an invasion before such an
act can be passed. I really doubt whether
either of these exist. ] really doubt whe-
ther a single law Of the y. 6. has been as
yet violated. 7 will not say this sthe fact ::
but do not know any thing to prove the
Contrary. But surprising that a rebellion
does exist-we are then left at liberty to
decide whether it is such an one as to en-
danger the peace Of society, to such de-
gree that no ordinary remedy will answer.
If an ordinary remedy will not, il NAV be
our duty to apply an extraordinary one.
What is this mighty business What is the
opinion of the executive as to its danger !?
Does he consider it dangerous 1t is lit
tie remarkable that in every instance I'M
der the British government, the proposti-
0f cuCh a irrin foI "a I'll
executive---while here, without any in
timation of danger from the executive, we
propose on our own suggestion to suspend
one of the most valuable privileges that is
secured to the citizen. Let us attend to the
communication OF the President on this SUBJ
jeCt. He states that according to his infor-
nation the persons concerned in the con-
spiracy depend on receiving two kinds of
aid--foreign aid and aid derived from their
own country. Alter giving his opinion of
the foreign aid expected, he says
"On the whole, the fugitives from the o.
hio, with their associates from Cumberland,
or any other place in that quarter, cannot
threaten serious dander to the city of New
Orleans"
The President declares that in his OPT
pinn there is no danger To he apprehended.
With regard to foreign force, he states his
reasons for thinking there is no danger. AS
the message is in the hands of every gen
tleman, there can be no necessity for me
TO readit. But he explicitly declares, from
che state of our relations with other nations,
there can be no danger from that quarter.
This being the deliberate opinion of the ex-
ecutipe magistrate, who is more deeply res
ponsible on this occasion than any other
member of the government, is il not most
extraordinary that we should attempt TO
take steps which can only be justified in the
last resort. Are gentlemen aware Of the
danger Of this precedent This is the first
attempt ever made under this government
to suspend this law--if we suspend it when
the executive tells ms there is no danger,
on what occasion may it not he suspended ?
Let us suppose that it shall he suspended
on this 0cCasion-what will be its effect
Parties will probably forever continue to e5t-
ist in this country. Let us suppose a pre-
dominant party TO coniure up n plot 20 a.
venge themselves do not gentlemen see
that the personal liberty Of all their enemies
would be endangered. ] mention this to
forewarn gentlemen ofthe dangerous ground (
before them. / do not say that our coun- !
try may not at some future day be i'm such /
? situation as TO Justify such suspension. !
But have ;.ever vet seen her in such ST. |
tuation; s nj this rro," ent Iihink It does not
exist. When we sec the gren, ,..cdy ofthe !
people so firmly attached to their govern
ment ought we TO be thus alarmed on behol-
ding few desperate and unprincipled men