Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-09-30
LONDON, AUGUST 9,

- ~ "'o 'iItP ohuTCetuS, CHptHM
Ward.
LoNDoN, August 9.
The subioned letter to the editor ap-
peared in the Chronicle of this morning !:
s!SproSton-haH, July so, 1915.
{: SIn-The intelligence that the great
NAPOLEON will not be permitted to land,
land is to be sent perhaps to st. Helena, IS
almost overwhelming to me, though long
accustomed to suffer much, and to expect
every thing.
s. know not that the Emperor can be
regarded as 4 prisoner of at'ar. From a
view of all the circumstances which effect
his person, and situation, aud his coming
hither, am of opinion that he cannot.
" But if he could, it is not, nor has been
for t%o centuries, the custom of Britain
thus to treat her prisoners.
Could we try him ?--I know not by
what right either we or any, OF all of the
|Con.cderates could.
g Can we without trial take his life p
This were far worse than to kill prison.
err recently taken in battle.
I" Can we then exercise such a power
over the person and inherent dignity and
honour, far dearer than life, of such per
sOnage--and to send him to lonely impris-
onment in a deserted far distant island.
6 Bonapartc, with the concurrence of
the .4dmir0hy. is within the limits of Bri-
fish tocGt allegiance. He is a tempornl.y.
considered as private, though, not natu-
raj born subject, and az such within the 4
mits of 81 Car. III. the Habeas Corpus
Act, our second Magma Charta, that no
subject, being an inhabitant or resident Of
England, &c. shall be sent prisoner into
Scotland, &c. or unto places beyond the
seas, C. 10. All persons within the realm
OF England, which includes the adjoining
seas are temporary subjects if aliens, or
permanent If natural born.
I" Though not on the British soil he is
within the protection of the British law
Ii at Plymouth, he is in British county.
An Habeas Corpus ifissued, must be obey
ed and would no doubt willingly be
o1eyed by the captain of the Bel!er0phon.
1t would he issuable, being Vacation, by
the Chancellor, the Chief Justice of Eng
land, or other of the Judges at their house
on chambers, Immediately, founded on an
aiiidavit. And ifail communication with
the Seilerophon is shut out, which might
y" I'iCbti liuloFh W uldkt tflt dD-
plication, the Imprisonment of any indi-
vidual within the limits of the ENGLISH
laws sud constitution, concerns the digni-
ty, the liberty. and the rights of every En-
gllshman fault or error in respect to this
all protective law, which beirg remedial
must be most literally construed.
-" | am ofopnion that deportation, or Uaos-
por'atcD, or relegution, cannot legally exist ~
"a couttry, except where the law expressly
provides IT on trial OF sentence.
II cannot he expected that many authorities
sht be quoted in such peculiar case mel.
ther IS it necessary, as it differs from the COM
mon cases of every day, chiefly in the greatness
OF the person who is ITS object.
Dvested Of these circumstances il is this
Hc voluntarily came on board captain Maitland
eceived him, agreeably, rs the captain under.
stands, to secret orders Ifhe is debarred Of ali
communication and correspondence, and foibid.
len to land, this must be by some order and for
some purpose. And the 1g;ft Of IIa5eas CorbR5
IS the legal mode of Investigating, Is 20 ali per
sons, whether their liberty belegallyor illegally
ireswaincd, aud al tgHsmt Of liberty IS illegal