Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-03-24


Noes SO.
Mr.. Eilio, (ver.) Mr.. Speaker, mace
sevssal efforts, sir, during the ydlscuss'on
Of Yesterday, to become emitted 10 the
privilege of addressing yourself ane the
house, upon the present question, lE which
was unfortunately disappointed Had
succeeded, my remarks would nave been
very eonciss, and feel no d'sPaS''iona
even now to render them tedious l
shall take occasion, however, al the outstts
to decisfe that l experience none OF tha :
fas,idlous delicacy with which the miads OF
some gentlemen appear 10 be impfe ssed,
in relation TO this alot,on. nave 10 am
bi.ion 20 be copsdsred one OF those.' silky
duekipg cbseryants, who trim their duties
! nicely" on question OF this character,
on subjecs of ,his magnitude. Nor do
discover that profound darkness which
The gentle man. from Georgia (AEr. Early
has described. | gfoups IN no gloom.
All is light and lonincus around n'e. The
path is plain. The way IS clear ana enyl,
roned with no slialculges'
Genslemen have generally been disposed,
and think with greag prapriefys 10 consl-
der shs subject in tsso poinls si view -
First, TO examine the rse.iss Of ;hs pro.
posed resolution upon geaeral principles,
distracted from al connection With sgsnte
.Eai have occurred, either receat Or 5ig-
taut. Secondly, 10 consider ;he propfiesy
of exercising he supreme legislative qoa-
er 10 prrc!ude the recurrence OK events
which have sacyfced for tine " the hu!Y
attributes o! the constitution" TO bosrow
the language Of the great violate: OF the
constitution himself. a. the shrine OF Ealli.
sa.y power.
Upon the first point genlsgnen who
have egpresSel their seat!G3ecvs havs been
unanimous, or nearly go, in declaring that
legal proyialons OF the kind now consem.
plated ought 20 be made, a, proper 'iaae,
# those o1w existing ate iasugic!ent aad
Imperative. Thoss WAC have tod Is thar
the British statutes upnn the sHhjecs OF
the writ # h2beas corpos age IN force IN
the Unitea States, or even that it Is doubt.
fai whether they are SO a. not, need not
hare scld Us ;.s, they are cor professional
men II was work cf 6ugcfetcga t!oa.--
NJ professional man could for ncmeGs
eptcrtan the i.ea that ,ks statutes Q! G
Britain afe laws Of the Jcited States. The
question .nsy bs cQpsidered as GaQ-ter.
mined, Wht t,ler ibs common lay OF Ia
glend or NV pars o. !, W!neh has nc; been
expressly Recognizes BY oar constitution
and ssatc IS, IS i2w IN me Uoi;ed Stairs,
considered IN shyir federal character IL IS
al ieaai vel. kuown thar opou 1has question
g u9aniiaelg opinion does nat exist in the
FITS: jddicial rrl1anA CT Cur country. For
one, 10 no, + lfeve t1as The Uaits6StaSes
the United States, possess any code OF
Coa,moa Law. | kaow 81 10 laws Of the
U6ioa but the constitution and Tie s,agplss
-~ BAT cona,i.u;:oa acd shcge sia.ulea have
reengo'gsd, Q. rather gSfeTsed TO cer,a;n
pos }loae ot &c common law, and pariicu.
laTly GO erisiniech1icai eoentnea Law terms
sad rules, as rules 81 practice in the isdz.
raj COURTS :: and beyond snosc the courts
have no commoa!aw powers. At 81! events
We nave not adopted any Of tee British
stainies, ana particularly, ard by ns.e
ieapiicaison tao, statutes highly penal ID
their operation. HE doctriae is too ah.
snrd 20 De conn,enanec1 upon serious re-
iection, by any lnan Of comaon discern
sasne- 4 DC constitution has declared that
. he privilege Of he writ Of habeas ecrnas
shall naf be suspended a'iess when IN
cases Of iavasion CT reoe!ipr.. the public
SAFETY shall require j, . Bat peither she
constitution nor your lava have snade Il
positive dosy Of TIC courts to issue the
writ ia any pasiicpiar ese skill leas have
they secured the performance OF shst dugy
BY any psaas sanctions. Can It than be i...
proper &c pravte aeans TO coerce tee
coarGs and oiicers of The Unsea States III
this particular, and TO leave TO all our Gil.
zens, at al times aad under all crcusn.