Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-11-07
sIOHMoMD, NOV. ?.
COMMUNICATED.

on the interesting subject Of the habeas-corpus &
and the right OF instruction. according
to my promise made in the first part of this sketch
hnd that The lapse of time since it was delivered
has effaced from my recollection, in a great mea-
sure the general arrangement of it, and many Incl
dental historical remarks ~ hich enter, aiming
| out not necessary links IN the chain of the argu-
ment. shall, therefore, not attempt to give a
sketch, which ought properly, to bear close re-
| sembiance TO the original piece but will merely
state the prominent points of his Defence under his
arraignment, as he termed it, upon the charge al
edged against him, as nearly as can in the order
In winch they were presented. The habeas corpus
Dill was the first measure discussed and the exist
ence OF rebellion in the country was the ground
relied upon to justify it. Mr. G. said that Burrs
conspiracy had every where excited fern.ent -
| that the spirit OF rebellion pervaded VIEW large
extent OF territory and, that the plans and opera
IONS OF the promoters OF it had at last progressed
10 such length as TO attract the attention of Gov
eminent he cited Mr.. Jeffersons Message IN
Congress, and the accompanying documents IN
reiaon TO this subject, as furnishing sufficient proof
! OF the existence of rebellion 10 authorize and
require the Senate 10 act immediately upon IL Nv
memory would not bear me out in an s,t-npt To
give the extracts read by Mr. Giles, bearing upon
the point and not having the document before me
must refer TO il My impression at the time was
that the evidence entirely of an inferentia
character; thatit was by no means positive, even
the spirit and meaning of the constitution did
exist and judging for myself, thought it led to
the conclusion, that there then no actual cause
OF alarm, and that the public safety never had
been endangered f; striking fact is, that the
message was sent in obedience to a call for infor
NATION MIR. Giles relied, also upon the prompt.
ltude with which the Senate acted ON the
Message, 10 show what was their opinion of il
said, that they Immediately went into conclave.
made an order Tor appointing committee of refe
renee, upon which committee he was placed that
upon the report of that committee another yvasI
appointed to bring in bill suspend the privilege
OF the writ OF habeas-corpus, in certain cases
which bill he drafted that passed I think
unanimously was sent 10 the lower house and
there rejected, with equal promptilude and unan
imity.l MI Giles remarked upon the hardship of
his being sadded with all the blame of this measure
In which Mr.. Jefferson and the whole Senate were
instrumental and coneurrng, laying particular EN-
phasis upon the name of VIM. II. Crawford. among
the members He said that MI. Archer's att ac was
not, in fact, upon him only, but upon the adminis-
tration and all concerned
The next point discussed was the treason hill |
inns he, also, Justified by Mr.. Jefferson's MESSAGE
which went To show the existence and prevaIence
oil reasonable designs he said that the count,v
had been In great danger that the want of Iesis
ia'Ve provisions upon the subject of treason and
more energy IN the enforcement OF penalties had
been demonstrated by the history of the tis,e. |
ne referred 10 the fading of the grand Jury. on
DUR trai, 10 prove that treason had been comm;f
ted - indictments against Aaron Burr for treason.
and Tor mIsdemeahoar true bills: indictments
against Herman Blenarhasset for treason an mis- !
demeanour true bills and ten other indictments
against hve other persons for offences true
bills " Mr.. g. said, that an unlawful assenbIage !
OF men OF Bienarhasset's island, had been proved
before pei jury he admitted their verdict was
not guilty but said 1t was owing TO the Judges
excluding part OF the evidence, because an aIibj
was proved he read the finding of the jury, viz
" we OF theJury say that Aaron Burr is not prov
ed 10 be guilty under this indictment by any evil
dence submitted 10 we therefore find him no, |
guilty" He stated from the history of the t,iaI |
Burr having objected to him as a iurynan and
the reason given tor 1t, viz that he had been the
mover OF the ha0eas corpus bill and upon the |
request OF MIR. Archer, 10 read on, il further
appeared mat Mr. Burr said, but for that circum
stance he should rank MI. Giles among his friends |
Mr. GILES relied upon the finding of the grand iprv
an this case, further TO justify the habeas corpus
ohl as proving the actual condition of the country
al That time. lie acknowledged that he had novel |
Inc reference OF so much of Mr.. Jeffer mes |
sage as related to the penal laws of the countrv
and that he drafted the treason bill that the obiect
OF that bill was, 10 take the power of construci,o
out OF the hands of The judiciary and 10 reduce tho
crime OF treason 10 specific heads by law he said
that what constituted treason was but little t,uder
stood In this country, and required definition NJ
dlles observed, that some incidents relatedbv Mr.
on former occasion, taken from British history
10 show the mischieis resulting from defining tres.
son BY law, oniy proved that the Judges were to |
blame. MIR. Giles referred again TO his favouri,e
ponticaI maxim, VIZ the protection of individual
man against governmental oppression he gave
some account OF the Instruction in Pensylvani.
stated that great number of persons had been ar
rested by military power, and most ignominjouaIv
treated-that Fries was tried and condemned
though innocent, in consequence of couuntion cf
the Judge; and that Burr was acquitted. though
guilty, by clipping the evidence. As | understood
him. he stated these abuses of power as sffordino
additional Justification of the treason bill which
would tend TO prevent their recurrence bv conf,
ing reasonable acts within certain prescribed bonn
daTes, and reducing the military as well as judicial
power, over the persons of our citizens The tbi-d
and last charge, against which Mr. Giles ,lefsnded
himself, was tho charge Of having denied the rigb
OF the Virginia Legislature to instruct the Seosto
elected by II, to the Senate Of the IJoi,ed
States, and the obligation upon the Senators
10 obey Instructions. And in The first place
ne said, IN broad and emphatcal terms, that
ne had never denied either, and that he sc
know lodged both. He remarked that the 7 .egist,
lure which had censured his conduct in relation TO
the instruction given BY the preceding legislature.
had acted upon improper evidence; that there was
no evidence before them EXCEPT the ne,vsn,,o,
report of his speech, and that they had cooJe,nn'
ed him unheard. Here let me ask. en-passsn,
would Mr. q. require regular legal process 10 Ls
served on the disobeying Senator, and ali liz
forms Of ifial to be gone through in sucb c,so15
II 50, he opposes another obstacle to the exe,c ri
the right of instruction either Ia, ~ =. - -