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PUBLISHED (weekly) BY WILLIAM BOYLAN
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Vol. 12.
RALEIGH, (N. C.) MONDAY APRIL 6, 1807.
settle
HOUSE OP REPRESENTATIVES.
lUtsdayFeb. 17. ,
S DEBATE ' "
0 Mr resolution of Mr. Broom.
The resolution is as follows :
Dked. That a committee, be appoint.
Inimore cfFectuallj? the prwikge of
t of habeas corpus to persons in custo
Jl'uiiJcr or by color of Bhe authority of
eUSutes.
-Mr, Uroom moved a reference of the
resolution to a committee of the whole
Lk ad $Poke at lcnlh iD SuPPort ot"
STmition. Vitle Mr. B'9 speech in the
ir.'oerva of March 23 J As soon as Mr.
-0. haJ concluded t
lr, Varnum rose to repel the motion.
y, '..j,-i!ieen at first inclined to vote in fa
vorP( tht motion ; but after hearing the
r,.jmeiits of thi genilcman who intro'duc
tjhe resolution, he found himself com
bed to give a decided negative. It has
ken said Uut there h been a gross vio
latiiin of the constitution ; but Mr. V. de
Bunded where was tha pi oof of the aster
ton. He had seen no official documents
to warrant such a charge. It is well( known
ihit the persons recently brought from
N-vr-O.leans have received every benefit
ta wnicri tncy vuc cuuu, iva
of habeas corpus. 1 he motion is also m
imed. Shall we undertake to decide on
the guilt of these persons when ihy are
now arraigned before the court ? The le
gislature ought not to prejudge the ques
tion. . . .... :-r--: .
Mr.Burwell said he should vote lor the
t l ..... .1. . r.... ....... .i t...
motion wneiner ne iati iaicu uy mc
ioilemw from Delaware (Mr. JJroom;
vnre correct or nor. ivir. u. was always
resJv to confirm and secure trie writ ot
Julias corpu-, and ii the gentkman irom
li lawsrc could discover any. detect in the.
present system and could devise a method
tg' remove it, he should have his vote and
bis thanks.' : ,
Bat I believe the writ is now sufficiently
itcured ; as much so as in England. The
jtiit s have passed laws for this purposet
and the constitution of the' United States,
recog'jiz-s and eonfirms the wiit.Judges
re on application obliged to issue the writ,
.'rod the officers of the courts are compelled
to execute it. Where theft is the necessity
is sounding an alarrflt The constitution
Kainot been violated unless by military
Srce, and that requires a different remedy.
A civil action is the proper means ot re
dress and the only possible remedy. These
gentlemen who have been recently brought
from New-Orleans, I admit were impro
perly seized and transported, and I.fullyi
agree with, the gentleman trom Delaware
that it pueht to be an earlv warningan
i warninff aeainst the increase of mUi-
earlv warnmpr against the increase
tajy force further than the exigencies of.
theountry require. I do not pretend to
saythat the conductor the. commander.in
chief is justifiable, bit the courft are open.
The house ought not to act precipitately on
rumor and ex parte statements.
-Mr. Daba considered that it wa not ne-
cessarv now to ekamihe whether the faets
alleHtred to have taken dace at New Or-
v. o , r. . - .....
leans had been correctly stated or not. tie
ould not- say whether Wilkinson . had
Conducted himself right or wrong. It was
Jufttcienrif questions arose 'whether the
Wrtt m habeas corpus was so well secured
? it ought to be. ' He apprehended jt was
f)t so well guarded here as in EngTind.
If doubts however, arise orv so interesting
subject, they ought to be removed and
tii? law fixed bv statute . ; :
;, Ir; Stn'tlie declared himself in;favor of
KeVesoiution-for the reasons s.tattd by the
joiuleman from Cocnecticut (Mr. Dana.)
He wished, however, the subject had been
considered on its own merits-and without
reference to anv tast transactions. He
wished not to refer to New Orleans. In
Jircumstancts of greatdareerjt is the -duty
f a good citizeiv to do wfiaTbe thifikris
and take thiesponsibi li ;y . There
Vas no-testlnibny rwlilch ' enabled Himlo
i decide on the: transactions at New Orleans.
v . the statuteof Charles extends to 'this i
BHtry,'thr'e-is no need ef furthefprbvi-"
not extend. here, it is highly ne-
citizens contained ItfMagna' Charu and the
bill of rights were found inadequate. 1 .
Mr. S. said all parties and every man in
the IT. S. were concerned in this subject.
The inestiaiabie privilege of the writ of
habeas corpus . existed, in no country but
ours and in England. Arbitrary impri
soumrnt prevailed in all other countries.
He was glad the motion had been brought
forward, and if the subject could not be
matured now.it could be. the nextjsession.
Mr. Bid well was in favor of the motion,
and expressed sentiments substantially the
same as those o! Mr, amine, ne was
sorry extraneous matter had been intro
duced, andjcbnceived it improper to go
into an inquiry oh Wilkinson's conduct.
That officer-acts with high responsibility.
An inquiry now would be premature and
we are not the proper tribunal to tryjhe
question. I think all will agree that there
may be situations in which the commander
of an army or garrison ought to do what he
thinks the exigency of the case requires,
and throw himself on the generosity and
justice of his country. '
The writ of habeas corpus is a very im
portant priviiegf, and is not, I think, now
veli secured. The criminal code of the
United States is incomplete and wants re
vision, additions and explanations. The,
statute of Charles is enacted in some of the
states, but not in the United States. Qjies
t'u ns have also arisen in regard to the
power of the judgi s of the supreme court,
Cllectively and individually,' and some
are now under consideration. It would
.have been well if the subject had not been
stirred at this particular period, but I am
always ready to improve and secure the
writ of habeas corpus so far as it is capable
of further improvement nd security.
Mr. Eppes. il the gentleman who intro
duced the resolution is sincere in the prin
ciples which he has professed, I congratu-
ate him on his conversion to democracy ;
congratulate him that his eyes are at last
pened. . But if he has put them on for
particular occasion like a Sunday coat,
with a view to renounce them when they
iO longer suit his purpose, I trust that he
will be eventually fruitrattd in his designs.
the game that is now playing in tnis
house is pait ot the same system as inai
which is going on in the courts below.
Whom do we find there, clamorous lor
ibertv and the rights of the citizen ? The
same party who have always evinced their
utter disregard and contempt lor both.
W.e find there the ex attorney general ot
the United S ates, and what is more, the
ex-attornev General of Maryland. lhe
greatest monster in human shape is one of
these disguised men, clamoring tor liberty
with no other view than to oppress and en
slave. Where' was his zeal now so osten
tatiously displayed, when the alien law and
th sedition law were passed ? The rights
of man were riot then so much, in vogue
with his party.
Jt is surprising to see the sympathy ot
certain men for the man whom they lately
hunted 'from society. The truth is they
cannot, bear to see a conspiracy reduced
without armies and navies. They grieve
at the unexampled . prosperity of the coun-J
try and the: attachment pt the people to
theirxpnstitution and their government.
I will not soften the transactions at New
Orleans. The commander in chief has
done an illenal act, on his wn respqnsioili-
ty, and hef is answerable-in damages. fSnt
to sneik. with that frankness which -I thnk
always bVtomes a legislator; I own that
efe I on a jury,.! would give no damages,
or at most, nominal damages only, y
For whom is such a. sympathy excited ?
Fprtwo ttteb, "one of whom is a foreigner,
who might ii England have been transport
ed to Botany Bay i the other a young Ame
rican who has diseraced that character Xy
actinc as a spy on the Cdmmander in chief.
I am willing that the people should see that
there has been i little stretch Mr power in
those cases.
There is no remedy for a,tnan aggriev
ed in this case but a civil actionrand unless
will vote for the motion to give the mover
a chance to suggest any improvement
which he can devise, though I am persuad
ed he can propose none. It. is the duty of
judges to grant the writ, and they must be
obeyed. If the officer is resisted in exe
cuting it, .he may call put the posse comi
tatus to his assistance.
- These men could not have been tried
at Orleans. The court there has the same
powers as the district court of Kentucky,
and cannot try a question of treason. I
am willing that the people should see the
whole case and judge of the charge against
us.
Mr. Early could not see the correctness
of the two "gentlemen from Virginia,
(Messrs. Burwelland Eppes.) My views
of the resolution are the same as theirs,
and yet my vote will be totally different.
I shall vote against it in every stage. My
reasons are the short time left of the ses
sion, the bearing of the resolution, and the
avowed object of the mover. The reso
lution cannot, be definitely acted on this
session, and it. is designed to have a bear
ing on cxistingases. The second objec
tion is more formidable than the bare'want
of time. If the resolution is referred, the
r,xf step will be to call on the executive
for information relative to infractions ol
the writ. This will take time, and the
subject cannot be acted upon this session.
What impression will this "make during
the recess? It Wijl countenance thargeb
against certain persons ; the idea inevit?
bly tfill be that the habeas corpus has been
violated, and that the acts done at New
Orleans ought to be frowned upon. Yon
hang up a charge agiinst a public fffiitr
and leave him under the torture of the pub
lie odium.
Where i any evidence that the existing
provisions. are insufficient..' Suppose there
have been violations, where is the evidence
that adequate damages cannot be had.-
Let the parties aggrieved bring their ac
tion. When it is known that such a re
medy is inadequate, it will be lime to le
gislate. The resolution has a tendency to influ
ence the judicial proceedings against Wil
kinson in actions which will likely be
brought. I have another objection. The
resolution js calculated to give a colouring
to the Orleans business ta which we have
no adequate evidence. We are yet in the
lark. We havetnt!e, evidence indeed,
We have none to justify a rational man in
taking a,single step.
It the commander in chief has done
wrong, let him answer for it ; but if he has
done only what the necessity of the case
required, he has done what merits a statue
of geld to be erected to his memorj'r- Let
the judiciary decide on the question, and
if he is mulcted, let this house then decide
whether they will indemnify him.
Mr. Broom. Mr. Speaker:,! confess
that the opposition -which this "resolution
has met with does surprise and astonish
me, and more especially when I considei
the quarter from which it comes. That
those who . Have been the most clamorous
about the rights ofthe people, who have
beep jealous jn the extreme of even the
lawful exercise of power, who have assum
ecTto themselves almost the exclusive pri
., j. '''' ... . "
v
I it ; doe's
I afy to
sarv tnmiirrl tKftr r &i milar nrovi
i . j An " it i i " " r - - -
V ,:sv. 1 He .had consulted kwversTbn the-
i-ujtt ana could-get no sattiactoryjrv
mation.. .Till the statute of Charles, all
' Foviatons inlivbr of thc liberty of the
you7doubTiKet
mother remedy can oer asue lor. me
mover of the resolution has cited the ex
ample of England, where the habeas corpus
has been suspended for these ten years.
1 1 was not violated there tilT since packed
juries and judges depettdenf on the execu I
tivenav e grown; jmu jasnion.iLLJcu,!
kinson shows :that he has acted honesUy J
will vote any.'sum 40 indemnify him. .
. I believe the writ of habeas orpus tan
not be better secured than it is now ; fJut I
rtlege of protecting lour, rights,, should now
refuse even an inquiry whether .those
rights cannot'be better protected1 is to me
a problem which 1 cannot solve unless I
suppose that these were the principles and
professions intended only for opposition, hut
neVejr isthe: "guide pfdmimstraticn. But
when the principle is avowed ihat no laws
shall be enacted for btter securing our per
sonal tights and that no inquiry ever on the
suhiett shall be made at this time least it
might cast a censure on the conduct1 of an
officer who has -violated themj consider it
rrrVdutrrto protcst-against itrrrSirris it'
ccnie to this, that yyhen the commander in
chi.efof the army of theU. States shaH
turn his arms against, our conjtitutinoal
rights that we shall not provide agarust
future' Violations for fear ol exciting a pre
f iudice4rthe-publick-minoV aeainst the1 oll
1 ficer ? Prostrate indeed must benmrr con
selves and their country as logive it their rf;
sanction. But why, it is asked,' am I thu ;:
zealous for the rightg of the citizen? I ar
raign not the motives of the gentleman ;J
from Virginia' (Mr. Eppes) for opposing ;
this resolution, and without a word in ex-'
planation of my own, I'would'be willing ' f
that the public should judge between us of !
our "motives by pur conduct. But sif, it '
gives me pride and pleasuie to avJwvnr
motives. I have beheld with indignatfom
and horror, citizens ot the United States
illegally arrested, denied their constitution
al privileges, and transported at the will of
a miutaiy commander nearly 2,000 miles
before they were delivered up to the custo
dy of the law. Instead of seeing &uch coil
duct marked with abhorrence I' found the
guardians of the people's; rights singing
praises to the sacrifices .of 'the patriot and
the honor of the sold ztj$t beheld Ihese
victims of power deliycfe4foycr in Bqlermv
pomp to the ministers dt i justice that they-
might crown with law the acts of tyranny
and oppression. When I found these vio
lations repeated and "even aggravated j
when I beheld a citizen of the United
Siate arrested at the point of the bayonet ,
without any warrant whatever ; imprison- '
ed for weeks in his own country cut off
from all intercourse with family & friends ;
denied access to courts, and privilege of
counsel, and deported under military es- '
cort from New Orleans to Washington,
without any accusation, I considered it
high time for congress to put a stop to an
evil which afietted the rights of the whole
community and - seemed to acknowledge
no li mits. I did ho tlut all would be
-ensible of these outrages and with hearty
zeal provide by efficient Jawsfor the pre
vention of them in future. x I did expect
that the violations of the constitutional
rights of aoy citizen, however mean and .
abject his sitution, would, as it was a com
mon interest, be made a common cause
With such views of this case, I could not
reconcile it to myself to be a silent specta
tor It is asked why so rnuclv sensibility
for men who are charged with treason
against government. I answer, that it is
no matter how infamous the crime or hovr
hardened the , villain. Whenever the rights
ol personal liberty are attacked in the. per?
son of such offenders, it is a side blow
aimed at the whole community which they
will and ought to feel most sensibly, and
whenever the prejudices against a crime
are made the pretext for the illegal ojpprcs
sion of. 'the person charged, Lthe atnek is
too dangerons to be trifled, with, and I do
consider that he who can without concern
ok upon such violations of the rights of
others, and indifferently folding his arms
console himself that it is not his own case,
'ib not worthy of the character ofan Ame
rican or the privileges which he enjoys.
tt j : .i
11 inebc men trc guniy vi treason tneir
Crime is 01 tne Diacicest kind j deprayed
indeed must be that heart which can con
ceive treason against the United -States.
I have no chanty fo the crime, and with
all my heart would punish it. But I can
not consent to break through laws and '
constitution-to punislr;the traitor, much
less tme who isonty suspected ot treason
Now let me ask gentlemen in my turn
Why they feel so much sensibility" about
general Wilkinson, arid so little about the
rights of the citizen rare they afraid that
that jtht administration will, berimplicated '
with the general or ire they indignant at '
even the suspicion that the" powers that W
can do wrong ? For myselff though;I am
willing to repose.all just confidence in the -
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dition when we:Can see our great ; fights
of personal libertvtrampleil upon by a mi
litary commander and be deterred from
legislating Jest the: punishment bf future
violations should be consti tied into the
L murmur of disapprobation -of-the past.
rdr;my own part, I deprecate such a state
of things and in spite' of party, rust that
the highest legislative body of a((ree peo
Aplc will not be found so uui.ithful tQ them
.'I
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bfficers of our covernment. '! J ani not' so
blinded bv my devotion as'to be Wiflirig tb -iall
down in the dust and tissT thc'fcot that"1
trample ' 6n.'me. l am not prepared' to
surrender-my rights at the footstool of mi
n'Sterial or miliury power ; ' nehhr;ai3il"
willing -to- cry 'peace I peace Vwhcn I see
he rights of othirsinvaded; XX
gentlemafrom Virginia has thought - ;
proper to congratulate me on my. CQtwersi- -on
to dciiaocracy, and to express his plea'
sure that pay eye have been opened--The
gentleman wouid-nave done well tuconsi-r- r
der before this cdmprimentih whatsituai- t
lion it placed him,'; for if ; I am adrocating 1
the principle's of democracy, he'is oposing-" -
ihem jod niy eyes are open,' hisi must , I
be shut. I wish to be Understood that L J
am not advocating the speculative abstract, t i'
rights or man, but good old constitutional ""'j 1
rights, stitch is have, secured the civil liber- J f !
ty ot r.ngiandvfrom time immemorial, and
such as will secure our, own so. longas we i
pleat to preserve them icTiclatc ; and V
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