History of the United States of America, Volume 3 (of 9) : $b During the second administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 3 (of 9) : $b During the second administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Complaint of District-Attorney Daveiss was natural; but the reproof
was inexact in every particular. The attempt to indict Burr, if any
attempt were to be made, was not premature. The impression in his
favor did not give Burr an opportunity to hasten his equipments, since
Graham appeared at Marietta the same day with the news of Burr’s first
discharge at Frankfort. Finally, if Daveiss’s attempt failed, the fault
was chiefly with the Government at Washington, which had taken no
measures to direct or to support it, and which was represented on the
bench by a judge himself implicated in the charge.
“On the whole,” said the Message, “the fugitives from the Ohio,
with their associates from Cumberland, or any other place in
that quarter, cannot threaten serious danger to the city of New
Orleans.”
Yet a conspiracy against the Union existed; the President communicated
Burr’s cipher letters; he proclaimed Burr’s expectation of seizing upon
New Orleans, as well as the panic prevailing there; and he approved
Wilkinson’s arrest of Bollman and Swartwout. Finally, the Message spoke
of the people in New Orleans in a tone of confidence quite different
from that of Wilkinson’s despatches, communicated with the Message
itself.[242]
The Senate interpreted the Message in the sense it was doubtless
meant to bear,--as a request from the President for support. Bollman
and Swartwout, who would arrive in Washington within a few days or
hours, had been illegally arrested, and they, as well as the other
conspirators, could not without special legislation be held longer
in custody. Giles at once introduced a Bill suspending for three
months the writ of habeas corpus with respect to such persons; and the
necessity of this measure seemed so obvious to the Senate that the
Rules were suspended by unanimous consent, and the Bill was passed
on the same day through all its stages. Bayard alone voted against
it.[243]
Monday, January 26, the Bill was brought before the House, and Eppes of
Virginia, the President’s son-in-law, immediately moved its rejection.
The debate that followed was curious, not only on account of the
constitutional points discussed, but also on account of the division
of sentiment among the President’s friends, who quoted the Message to
prove that there was no danger to public safety such as called for
a suspension of habeas corpus, and appealed to the same Message to
prove the existence of a more wanton and malignant insurrection than
any that had ever before been raised against the Government. John
Randolph intimated that the President was again attempting to evade
responsibility.
Public-domain text, read in full here on John Shaqi.
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