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the laji Cottgreftt tat tie
fuejlittt es JuJfeudiHg the Habeas Ctrput
ait.
Mk- EPPES ohfcrved that whenever he
should feel less attachment to the pcrfonal
right of the citizen than the gentleman from
Delaware ; or any other member of the
Houfc, he hoped that thole by whom he
waseUfted would ftlcft some representative
more worthy of their confidence. If the
gentleman was really finccrc- in the principles
he had advanced, lie tendered to him his
congratulations on his crnvtrfion to De
mocracy. If on the contrary, his new
principles were affirmed like a Sunday coat,
to he laid afitlc in the evening, it would
afford ore in *rc example of the troth of the
observation made by wis celebrated B'tke,
that the fame party can at ore period tram
ple on the rights of the citizen, and at ano
ther become declainicrs in favor cf pcrfonal
liberty. He did not confidcr the resolution
as deftgned to remedy any deleft in our laws,
but to afford an opportunity to gentlemen
who care not much about perfonil rights,
to make some noise about them. He con
ftdered it as a portion of tie fame fpiiit
which had mamfefltd itftlf in the courts
below—-*Who are time the champions of
human right f The ex.attorney general of
the United States —The leader cl 1798 and
1799, turned Jacobin, changing his politi
cal catcchibn and become, the dupe o. 1 his
own eloquence. —To ciown the eli.fax, be
hold another noble champion of human
right, the cx-attorney general of Maryland
—The very man who turned down the leaves
' of the Profpeft before us —marked the pas.
sages which breathed too much freedom—
drew in cold blood an indiftment at one
hundred and fifty miles from the fcenc of
aftinn ; and became a volunteer in the godly
work of ptrfecution. When the pet Tonal
right of the citizen (half depend on a man
like this, liberty will indeed be in danger.
If ever the goddtfs of liberty should meet
his foul embrace, fhc will not be defiled
only, but ftrangied. The grcatell monller
in human fhajw, is a tyrant in principle,
with tire Rights of Man in his mouth. A
wretch funk to ihc last step in the political
ladder, and willing again to mount, by
. prol»(fing principles he never felt.
Where has this ztal rtf a certain party
for the right* of man so long numbered ?
y -—Where was it when the sedition law was
palled ?—Where was it when a member of
this honfe was imprifomd and deprived of
his couftitmional privilege for printing a
letter from tin fee ref ary at war, acknowl
edged to be genuine ?—Where was it when
general Hamilton was seized in the wdlern
parts of Pennlyvanla without the (hadow of
authority, driven like a convifted felon be
fore the bayonet to Philadelphia, and there
imprisoned for months without the poflibility
of obtaining a habeas corpus ?—Where was
this zeal when the rights of aliens were
suspended, that whole class of people placed
under the will of the executive, and a pow
er given I y law to seize and ship them ?
Dead, Sir—The rights of man wete not
much jnfalhion with the party at that time.
Plots, clues to ccmfptracics, and a gag for
the mouth of him who dared to arraign the
federal immaculacy was then the order "of
the day. When 1 (hall believe the sympa
thy which ihefc man affVft to feel for a
charaftcr, so recently hunted by them through
the community like a wolf, is iincere, 1 may
then credit their attachment to human rights,
and not till then.
The real froret in this business is that the
termination of this affdr in the weftern
country does not fust the federal palate.—
To reduce an infnrreftion without an army
or navy is a very anti-federal thing. They
do not underlbnd and cannot admire that
kind of energy in government, which de
rives its force Iro n confidence and attach
ment on the part of the people. We have
heard in former times from high authority,
that the expedition against what was ter
med the irifurgents of Pennsylvania, was in
tended to try the llrengih of the government
—That no government was considered fafe
until its forces had been called out to sup
port its laws —Wc now prefer.t to the world
another example. The people of our coun
try voluntarily preferring rite government
cf their choice, to views of pcrfonal ag
grandifement or intcreft—obeying peacea
bly the proclamation, and returning quietly
to their homes as soon as the cntcipiizc in
which they were embarked, appeared to
be illegal. DTcrtiug a leader inferior to
no man in talents and firmnefs, poifefling
unbounded pecuniary refourccs, and above
all, the peculiar art of attaching to him
the hearts of his friends. The mines of
Mexico—the wealth, the honors, held out
to his followers by fitch a leader, could not
reconcile to Arnci leans the odious appella
tion of traitors. The honcfiiAid indepen
dent citizens ct your country, returned to
their homes to cultivate that foil on which
fortune has placed them, as soon as they
difcovSrcd the real objefts of fhc expedition. 1
* Behold a triumph honorable to the America*
charaftcr, carrying with it irrcfiftible evi
dence of the firmnefs of our union, and of
the patriotiim of the great body of our pea
pie.
But we are told that a mofe daring viola
tion of human right has taken place—That
men have been seized in Orleans and Clip
ped here for trial. Far be it from me to
exaggerate 0 often theie afts. Such as
they are I am willing to trust them to an
enlightened community. An officer has
undertaken at his own refponlibility to seize
and fend here three persons. Two of them
charged on his oath, with treason, or mis-
*
prifion of treafon* and the third by him
believed to be guilty. The two firft on
their arrival here were delivered over to the
civil authority, and on solemn argument
committed on a charge for treason. The
other was delivered over to the civil authori
ry also and difchargtd. No man will fay
that the cor.duft of the officer who seized and
(hipped these per Com is legal. He has done
an illegal aft at the rifque of his fortune in
damages. Let the law take its course—-let
the individuals profecote—let an honest jury
put on one fide the crime with which they
are dwrged, and on the otltfr illegal amft
and fhipmem—let them firike the balarcc.
If they aflfefa damages and it (hall hereafter
appear that this was a wanton and unncce(fa
ry excrcife of power, the officer mufi fuf
fcr. If on the contrary it lhall appear that
the.tfficer had no o! jest in view but the
public good, that he did really believe
Orleans about to b attacked by a superior
force, and that these prisoners could not be
fafcly kept there j I lor one, (hall not
hesitate to pay the damages assessed against
him. Freedom can never be endangered
by ?,n adt like this, where your laws are
flittered to take their natural courfc without
fu(pcn(ion or interruption. Where the in
jured individual can bring before a jury his
claim for damages.
What mere fafe, more certain, or ade
quate icnirdy tan j ou a(k for an injury drne
to personal freedom, than rhe verdict of a
jury of freemen? What would be the feel
ings of an honettand independent jury call
ed upon to decide a case like this where an
innocent individual of character had been
ftized and (hipped? The damages would be
futh as to heal the wounded feelings of the
ouprtffed individual, and to deter in future
the commission of such an aft. If on the con
trary strong circumstances of guilt (hould ap.
j eai against the individual tht damages would
he nothing. Ihe officer must dej'end on cU.
t;.blifliing before the ccmmunity the purity
of his mpiives, and the probable guilt of
those on w hom he had exercifcd power in vi
olation of right. If the individuals seized
and sent lu re (hall be found to be innocent,
1 (hould wilh them to recover heavy dama.
ges. Under my present impreflions I (hould
certainly if on their jury not assess damages.
If the charges made against them are well
founded 1 would as soon give damages a.
gain It an individual who seized and fccured
for,trial a high-way robber. The public of
ficer who knows of the existence of treason, 1
who fees an individual embarked in febemes
difhonarahle to his country, who believes
him aiding an approaching enemy, would
dcfrrvc to be broke if he did not seize him.
On the present occafian the officer has gone
further; he has seized and sent them to you.
He has violated the ptrfonal right of the cit
izen. If from honor zeal {or the public
good, he will find a sure proteftion & shield
before an independent and patriotic jury.
If the oerfons are innocent, and have been
seized by him to wreak private refentmenr,
or on any motive less pure than the public
welfare, his reputation as a soldier is de.
Itroyed and his fortune must be loft in dama
ges. Ido not believe however, that much
sympathy will be excited in the public mind
when the people (hall underfland about what,
and about whom, all these clamors have been
raised. What is the naked faft ? General
Wilkinson lus seized and sent round to the
feat of government, three persons, at a time
when he believed Orleans in danger of be
ing attacked by a superior force. Os these
persons the one is a bankrupt foreigner, char
ged on oath with being an accomplice of
Aaron Burr, The second a -young Ameri
can, charged also on the oath ot you* com
mander in chief, with haring difgraccd the
American charafter, by condescending to be
employed as an agent for corrupting your
army, with having aftually carried propo
fids of bribery to your commander in chief.
The third, a foreign lawyer, who owes to
the liberality of the people of this country
his bread. Two of these persons, in good
federal times might have been transported
under the alien law' to Botany Bay. But
..men are now seen in your courts aftively de
nouncing this rneafurc, who voted for and
perhaps brought forward the alien law. 1
mention not this to juftify the present pro
ceeding, hut to (hew the people thefpirit in
which this resolution has originated. Your
commander in chief has'bcen placed in a dif
ficult fnuation. In daily expectation of an
attack by a superior force, and opposed by
the whole body of the law in the territory,
a man gready his superior in talents and
firmnefs might have erred. He ought mod
certainly to have delivered over these persons
’ to civil authority. Had he done this, how.
ever, it is not yet decided where the trial
would have been held. The diftrift court of
Orleans has the fame jurifdiftion with the
diftrift court of Kentucky. The Kentucky
diftrift court has the ordinary criminal ju
rifdiftion of the diftrift court of Ihe United
States, which extends only to offences pan.
jffiable by fine or whipping, and the whole
civil jurifdiftionof a circuit court of the U,
States. So that these persons if charged
with treason against the United States could
not have been tried in Orleans, and must have
been sent here or elfcwhere by the civil an
thority. Thus much for the violation of
right which has taken place.
1 do not believe that any additional pro
viftons arc necessary to fecorc to the people
of this country the privilege of the writ of
the habeas corpus. On the contrary, I do
firmly believe, that this right, like all o
thers fecurcd by the constitution, can never
be loft, or violated with impunity, until
corruption (hall have destroyed the principles
of out government.
Foreign Intelligence.
CASSEL, November 13.
A dreadful calculation has been made here,
but very seasonably, to attach us to the new
government. Sine# 1760, the commence
ment of the reign of George 111. our fovc
rcigns have fold upwards of 52,000 unfor
tunate to the English, all of whom
have died on board their vtflels or in their
colonies. ,
CONSTANTINOPLE, December 18.
A council of the minister was held y eftcr
day, and war was declared against Ri.ffia,
The Ulemas have pronounced it to be just ;
the standard of the Prophet has been heifttd ;
ail the country is in motion; the Pachas of
Roinclia have received orders to advance
with their treops towards the Danube; an
other army advances from Asia, and will
follow the fame direction ; the Grand Vifier
will take the command and march with the
holy standard.
DRESDEN, January it.
A proclamation has been pubitihed here,
by which his Majelty, our moll gracious S -
vercign, assumes the regal dignity, with the
title of “ Frederick Augustus, by the grace
of God, King of Saxony."
LONDON, February 2.
A confirmation of the defeat of the French
we urderttand, has this morning been re
ceived by the Aftrea frigate, from Copen
hagen.
A Dutch frigate, and two Dutch India
men, richly laden, trora the Eeft-Indics,
have been captured by two of our cruisers in
the Indian Seas. The value of thefpecies
on board of them were estimated at 600,c001,
sterling.
Bonaparte has given orders for the whole of
the regular troops to be marched from every
part of France, and has ifiued a decree tor
embodying and organizing the National
Guard, ail over France. Every male from
16 to go, capable of bearing arms, is called
on to supply the place of the tegulars, or
dered to Poland. The conlcriprs for the
year 1807, are all to cross the Rhine before
the <nd of March, and are to proceed to the
army in four divifioas.
By letters from Holland, we learn, that
on the 11 th of January, the most magnifi
cent part of Ley den was the fccnc of a ter
nfic cxplofion. A vcffel laden with 40,000
lbs. weight of gun.pswder, fiom Amster
dam, for Delft, lying in the Rapcnburgh
canal, hy forae means or other took fire and
inllantancoufly blew up, deftro; ing all the
h'oufcs in the vicinity cf the canal, and oc.
caficning the premature death of iome hun
dr« da of the inhabitants.
Fifty tons of from Hefle pa fifed thro'
Hanover for France on the nineteenth of this
month.
A Frankfort paper, on the authority of a
letter from Vienna, (peaks of an obftinatc
battle (aid to have been fought in Poland on
the 29th or 30th of December, but without
mentioning the rufult.
The number of persons loft at Leyden has
not yet been afeertained, nor can it be done
with any prccifion till all ruins have been re
moved, which is a work of time and im
menfc labor. Dead bodies, most (hockingly
mangled, arc dug up from tit»e to time, but
the greatest part so disfigured that they can.
not oe recognifed. The king has invited
architects to deliver in plans for rebuilding
the city ; a premium of 1000 guilders being
reserved for the one which fhallhe approved*
February 3.
In the house of commons on Thuifday last,
lord Henry Petty took a luminous and com.
prehenfive view of the finances ; in thefytt
em of which he suggested fume important a
mendments. The amount of the loan he
Hated at 12,200,000!. and 500,000), was
the largcft sum that could possibly be wahted
for continental fuhfulics. The produce of
the property tax heeftimatesat 11,500,000!.
He declared, at the fame time, that it was
not intended to incrcafe it beyond its prefect
rate of 1 col. percent, and that it should cease
at the end of the war. He then mentioned
theiupply, and the ways and means of the
prefect year. The vote of credit for this
year, he (aid, would be for the fura of
2,400,000!. Outofthis, r,0c0,0001. wag
to be applied to a fuhfidy, voted agreeably
to a treaty now existing ; besides a further
sum of 50®,000'. applied out of a vote of
ctedit for 1,500,000!. The whole of the
ways Sc means would amount, with a loan, to
much less than that of last year, to the sum of
41,100,0001. which would leave an exccfs
of 500,000!. above the supply--. His lord,
(hip concluded by moving a rcfolutien to the
above effedl, which was agreed to,
French Grand Amy Bulletins.
Note —The Bulletin which was re
ceived on Saturday last from Marblehead,
and (rather inaccurately translated at Salem,) I
was the 47th and net the 45th. The 45th
was dated Poluky, December 27, the 46th
at Golymrn, December 2Bilu These Bul
letins give very detailed accounts of the af
fairs at Czarnowo, Naficllfc, &c.
Bulletin, No. 48, is dated
War/crw, January 3, 1807.
It dates that General Corbineau had fol.
lowed the Ruffians frq'm Pultuik, had reach
ed Oftroveil the Ift January, and had picked
up 400 Ruffian soldiers, fcvcral officers, and
many baggago waggons. That Marfbal
Souit, Ntf, Prince of Ponte. Corvo, (Ber-
tiadotte,) and BcffierA, were cantoned on
the little river Orcye. Davouft and Lar.nes
atPultufk. That the Ruffians Continued to
retreat; and the emperor came back to War.
saw the ad. That Prince Jerome had laid
Brellau in ashes, but the garrison had not
surrendered ; that a Prussian corps of Boco
attempted to raise the siege, but were defeat
ed by General Montbiun, with a body of
Wiycmbcrgers and Bavarians, with the loss
of 400 men, 600 horses, and *a convoy 0 f
provisions. It contains no other military
operations .
Bulletin, No. 49, is dated
War/aWy ‘January 8, 1807.
It states that Brellau had capitulated, and
Prince Jeteme had entered the place, and
was going'to besiege Brieg, Schwcidneu and
Hafel : That General Vidtor had marched
to Colbcrg and Dantzic: That General de
Zaftrow had been appointed Prussian minister
for foreign affairs: That the French cavalry
were not far from Koninglberg— the
Ruffian army was continuing its movements
towards Grodno.
Bulletin, No. 50, is dated
Warfanu , January 13, 1807.
It mentions that the troops found fevera!
Ruffians sick at Oftrolcnka; and that the
Hinds in the Ruffian camp incrcafed daily •
and that the garrison of Brdlau {5500 mer)
had defiled before Prince Jerome. A detail,
cd account is given of the affair between the
Prussian coips and that of the Wirtembet
gers aud Bavarians, mentioned in the 49th
Bulletin :—The rest of the bulletin relates
to the progress of the Ruffians in Turkey ;
the preparations making in Turkey to reliCt
the ** aggressions” of the Ruffians; and that
Austria and France arc equally interefttd
(as well as England) in not feeing Moldavia,
Wallachia, Servia, Greece, Romclia, and
Natolia, become the sport of the Muscovites,
Bulleein, No. 51, is dated
Warjanuy January 14, 1807.
It notices the official dispatch of General
Bi*n*iingfen, to the king of Prussia : which
it favs was received with great joy ; but
which joy, on the receipt of oar accounts,
was turned into grief: and the confequcnce
ot the latter was the determination to evac
uate Koninfberg—That all the Prussian for
ces then did not exceed thirty thoufard ;
some of which were with the king, others
in various garrisons in Prussia and tiilefia, .
On the Ruffian official account, it states,
that Buxhouden was not at MJcow—(Ben.
ningfendid not fay he was) but at Golymin,
where he was beaten ; —lt defies Bennirg.
fen to Ihew a Angle piece ts French cannon
taken, a fingleftandvd, or more than nor
15 Itragglers taken ; while the French can
show 6000 prifor.ers, two standards, which
he left at Pultulk, Sc 3000 wounded, whom
he abandonedjn his flight. The bulletin ad
mits the French took care not to put&ie him;
denies, that the Grand Duke of Berg or Da
vouft was opposed to him; and concludes
with a number of remarks on the effect of
such ridiculous relations.
Bulletin, No. 52, is dated
WarfawOy January 19, 1807.
And gives an account of the operations
of Marftial Mortier in Prussia proper ; and
of an afl'air between a detachment from the
Prussian garrison in Colberg, and a ftnali
corps of Morticr's army ; in which the lat
ter took four pieces of cannan and 100 pti
foncts.—lt adds, that Berg, in Silefla, had
furrendcred ; that Poland, rich in grain and
provisions, affords a plentiful fuppiy ; that
Warsaw supplies 100,000 rations daily ; that
no diseases existed in the army; that no fc
verc frofts had been experienced ; and that
tha Emperor was daily upon parade, re
viewing his troops, and particularly the con
feripts Irom France.
Died, in England, February 3th, the
celebrated General Pascal Poali, the Corsi
can Patriot, and god-father to Bonaparte,
Phinizy & Barnett,
Have taken a leafefor 3 years, 0 f
Waynes Wharf
And Stores , in Savannah ,
AND mean devoting their attention so
the tranfaftion cf business, for
their mercantile friends in Augusta, and the
back country, whose intcreft they will at
*ll times endeavor to promote. —Having,
for the present, a furpius cf {'tore room, they
will take produce on storage.
Savannah, January 17. (ts)
AIWERTISEMENT^
On Saturday the 16 ih day cf May neat, at
Celumi’i Court-hou/e.
Will be Sold.
Two negro men belonging to
the estate of Joseph Allen jun’r of laid toun.
ty deceased. ALSO,
A trad of land in Oglethorpe
ounty, containing one hundred and eigk:y
fi vc acres, lying on Long creek, audio the
cultivation of Minor W. 8. Johnfoin, ihp
lands will be fold on a credit, but tcrail
made more fully known on the. ;\?y of sale.
The whole of said property, foul fat the
bsnefit of the heirs and creditors.
JAMES ALLEN, Adm's,
.April 4. (*t)
-, .. » T
STEUBEN'S Military Discipline,
For Sale at- this Office.