|
The foll&tv'vg h the opinion delivered' hy judge
FlTZHUGH, on the commitment of Mrttrs.
BorxMAN and S.WMTWOUT, on a charge
of tre
My extreme Ir^isHosifwn has prevented
me ve are at that stage where,
in the language of the constitution, proba-
ble cause, supported by oath or affidavit, is
sufficient. This remark is necessary to shew,
that many of the conclusions of Counsel
are incorrect. Tn this incipient state, the
evidence is always c.v parte, and such as
would be inadinissable at the final trial.—
A warrant goes forth to apprehend and af-
terward, to commit, on the suggestion of
an individual, supported by oath, that a
has been committed. The affidavit
19 made in the absence of the supposed
ler, and no more certainty is required
than probable cause. By a law U. S. vol.
I, p. Ioo, there must be the confession in
open court, on the testimony of two wit-
to the same overt act, to convict one
of treason. Whereas probable cause, sup-
ported by oath or affirmation, will authorise
{ a warrant. In no case, whether
criminal or civil, is an affidavit evidence at
the trial; because taken in the absence of
trie party against whom it is intended to
operate ; and yet it has always been consi-
dered as sufficient to justify issuing a war-
rant to arrest.
These inquiries obviously occur : 1st. Is
there probable cause to believe that any trea-
ts been committed against the United
States, and this supported by oath, &c. ?
¦2d. Are the prisoners implicated in the trea-
son I And 3d. How, whether as princi-
pals, or only guilty of misprison of trea-
That there is probable cause to believe
that treason lias been committed by colonel
Burr, the pub^ rumor and universal alarm
which Ke^ms to have convulsed our country
from the extremity to the centre—the presi-
dent's communication to congress and to the
court, afford at least ground of suspicion,
and this is supported by the positive oaths
of. Gen. Eaton, Gen. Wilkinson, Mr. Do-
naldson, Mr. Meade, and Mr, Wilson, all
going to shew the origin, existence and
progress of Bun's treasonable projects and
acts. But here the counsel for the prison-
ers have insisted that none of this mass of
evidence criminates B. and have contended
that the president's communications are in-
adinissable. It is not generally by detached
parts of evidence, but by a well connected
chain of circumstances that we arrive to
proof—nor can a crime be made out by the
proof of any solitary fact. In a charge of
murder it would not be sufficient to shew
that a blow was given front which death
ensued ; but it is necessary to prove and
disclose a particular state of mind. There
must be deliberate resentment, or ill will ;
there must be malice prepense. So in trea-
son (the case r.ow under consideration) no
decree of violence, however atrocious, no
- -
enlisting or marching men; no injury, if
limited in its object to personal rivaLhip, or
even extensive enough in point of locality,
to contemplate and threaten the opposition
and destruction cl the laws and government
of any one of the TJ. S. will amount to
treason against the United States. 'Tisthe
intention alone which fixes the grade of the
oilence. This intention is only to be col-
lected from circumstances ; and though the
communications of the president do not of
themselves furnish full evidence of B's. trea-
son against the United Slates,, yet they must
be considered entitled to some weight in
leading to the conclusion that there is pro-
bable cause ; but when, in addition to this,
it Is considered that the most solemn obli-
gation is imposed by the constitution on the
president to make communications of this
nature to congress, and that he has also in
further discharge of his constitutional duties
ordered out the militia, which on ordinary
and trivial occasions he is not justifiable in
doing, a person must be strangely incredu-
lous who will not admit that there is proba-
ble cause of suspicion that a dangerous in-
surrection or treason exists in our country.
A report thus sanctioned by duty and oath,
if made to this court by one of its officers,
would be respected, and why shall not a
communication from the first executive offi-
cer of the union be credited when be an-
nounces to the nation, information in the
lint of bis duly. But this general ground
of alarm is rendered more specific by the
affidavits which have been exhibited to «s.
It the persons v, ho have been sworn on this
occasion are to be believed (and no one
lias yet questioned their credibility) they
prove a scheme laid by Burr to usurp the
government of the United Slates, to sever
the western states from the union ; to estab-
lish an empire west of the Aleghany moun-
tains, of which he. Burr, was to be the sove-
t ign, and New-Orleans the emporium,
a nl to invade and revolutionize Mexico.
Teat in prosecution of those projects he
wrote a letter to general Wilkinson, the
commander in chief of the American army,
with liie avowed object and design of alien-
ating him from his duty, and inviting him
to embark iri the undertaking, and holding
out to him the most fiattering^and sanguine
assurances and prospects of success. ' Hor-
rid as ibis attempt was, yet if the' iriforma-
tion had reached no further, I should have
j-10 hesitation in saying that it would have
been nothing more than a conspiracy to
commit 'treason or some other offence. But
when Burr assures Wilkinson, thatahe had
obtained iunds and actually commenced the
enterprizc ; that detachments from various
points, and under various pretence;, would
re-ndezvons on the Ohio the ret November,
that his plan was to move down rapidly
Froiir'lhe falls the 15th November with the'
first 500 01 io33 men in light boats, flow
constructing for that purpose :—When in ad-
dition to this, Wilson and Meade swear
that when tliey left New-Orleans, the one
the 15th, theotherthe 19th December, the
strongest apprehension, and belief universal-
ly prevailed among the inhabitants that Burr
and his confederates had prepared an armed
force, and were marching to attack and plun-
der the city ; and that they knew that Wilk-
inson was decidedly of opinion, from the
most satisfactory information, that Burr was
advancing, and under that belief, he was
putting the place in a posture of defence.—
When this coincidence of circumstances
and this strength of testimony appear, there
can be little doubt of the existence and the
extent of Burr's views, and of his having
embodied and enlisted men with views hos-
tile to the government of, his country, and
that he has done acts which amount to le-
vying war on the United States.
Bun's treason then being established, we
are are to inquire whether trie prisoners
were his confederates. They are represent-
ed under oath, to have been the bearers of
the duplicates of Burr's letters in cypher to
Wilkinson, and to possess Burr's confidence
—they use arguments in addition to those
in the letter, to invite Wilkinson to
accede to their views : admit that they
have corresponded with Burr on the subject
since the delivery of the letter : That Swart-
wout informed Wilkinson that Burr, with
a powerful association, extending from
New-York to New-Orleans, was levying an
armed body of 7000 men, from New-York
and the western states and territories, with
a view to carry an expedition against the
Mexican provinces, and that 500 men under
colonel Swartwout and major Tyler, were
to descend the Alleghany, for whose ac-
commodation light boats had been built and
•acre ready—said that New-Orleans would
be revolutionized when the people were rea-
dy to join them, and that there would be
-'some seizing.
Here then is evidence of a connection
with colonel Burr of a treasonable nature.
What is it ? The act of congress deiines
misprision of treason to be a neglect to dis-
close the knowledge of a treason. But the
prisoners have not only known of the trea-
son ; but carried a treasonable letter, know-
ing its contents ; endeavored to further
Burr's view*and wishes, and to seduce Wil-
kinson from his duty. The offence exceeds
misprision of treason, and as there is no in-
termediate class of offences of a treasonable
nature between misprision and treason, it
must be treason.
It has been observed by the counsel for
the prisoners, that no judge could commit
on an affidavit made before any other judge.
This distinction is certainly new, and I be-
lieve unprecedented. In all "general warrants
for arresting a supposed offender, the direc-
tion to the officer is to bring the party before
the person issuing the warrant, or some
other justice of peace, #'c. which Would be
at Isajst nugatory, if no peason could inspect
or regard the affidavit except the person be-
fore Whom it was made. Therefore I con-
clude that Wilkinson's affidavits made be-
fore justices of the peace of New-Orleans,
whose commissions appear to be properly
authenticated hy the secretary of state, are
evidence at this stage of our inquiry.
1 am therefore of opinion, that the pri-
soners should be committed for treason
against the United States, in levying war
against them.
CONGRESS.
HOUSE QF REPHEStiNTATIVES.
Monday, January 26.
Debate on the bill to suspend the Habeas Cor~
fius.
A message from the senate by Mr. Smith
of Maryland, was received. Mr. S. observed
that the message was confidential. Where-
upon
On motion of Mr. Gregg (Penn.) the gal-
leries were cleared.
Mr. Smith then delivered a bill suspending
the writ of habeas corpus, for the term of
three months', which the senate had passed
on Friday, and in which they desired the
concurrenoe-'of this house as speedily as in
their judgment the emergency required.
The bill was read as follows :
Be it enacted by the senate and house of re-
presentatives of the United States of America,
in congress 'assembled, That m all cases where
any personor persons, charged on oath, with
treason, misprision of treason, or other high
crime or misdemeanor, endangering the
peace, safety, or neutrality of the United
States, have been or shall be arrested or im-
prisoned, by virtue of any warrantor autho-
rity of the president of the United States, or
from the chief executive magistrate of any
state or territorial government, or from any
persons acting under the direction or autho-
rity of the president of the United States, the
privilege of the writ of habeas corpus, shall
be, and the same hereby is suspended, for &
dmingtheterm of three months from and af-
ter the passage of this act, and no longer.
Mr. P. R. Thompson (Vir.) moved thatthe
message and the bill received from the se-
nate ought not to be keptsecretand that the
doors be opened.
Mr. Harwell (VirO'and Mr. Smilie (Penn.)
spoke in support of the motion.
Mr. Early (Geo.) thought that a previous
1 order should betaken, to remove the injunc-
tion of secrecy. To open the doors and ad-
mit strangers 10 hear the debate, and yet
continue the injunction of secrecy on mem-
bers, would present a singular spectacle.
Mr. J. handolph said, they could not be
bound to secrecy except by their own vote.
If there was any charm by which they could
be bound, except their own act, he wished it
might be dissolved.
The yeas and nays being demanded by one-
fifth of the members present, they were or-
dered to be taken.
The question then was put on the moti-
on. That the rrt|sS3ge and bill received from
bright not to be kept secret, and
j that tire doors be now opened ; and resolved
'•in the affirmative, yeas 133 ; nays a. The
nays were Messrs. Masters, Thomas and M.
W u limns.
Mr. Burwell (Vir.) could see no reason for
passing the bill received from the senate.—
Can any cue, said Mr. B. conceive'.ha: the
in -la:.ser after the decla-
ration of the president in the late message ?
Here Mr. C. read an extract from the mes-
NS4ge. A suspension of the Writ of J)
corpus would create an alarm which I can-
not believe ought to exist. There hayebeen
in this country two insurrections, infinitely
more formidable and dangerous than this, h
yet no suspension was found necessary.
Mr. Elliot (Ver.) said that when he consi-
dered the respectable source whence the bill
originated, he found it difficult to express
the decided hostility' which he felt against
it ; lie would therefore consider the bill as
if it had been originally submitted to this
house.
This bill said Mr. E. proposes to suspend
the writ of habeas corpus for three months,
and to create not a single dictator merely,
but a host of subaltern dictators, and to ex-
tinguish the sacred flame of liberty for the
space of three months.
It is said, the constitution warrants t.hepas-
sing of such a bill. I am ready to meet gen-
tlemen on that ground. The framers of the
constitutions ver contemplated such a mea-
sure at such a time as this. The words of
the constitution are, that writ shall not be
suspended unless in cases of rebellion or in-
vasion the public safety may require it. The
saius populi alone can authorize the lex M»
previa. Has such an awful crisis now arriv-
ed ? Is the country in such imminent dan-
ger, as to warrant a resort to such extreme
measures ?
Objectionable as I consider the bill in
point of principle, it is still more SO in de-
tail. It comprehends all cases af&cting the
peace, the safety and the neutrality of the
United States. A vast range is here allowed
to subordinate executive agents. I do not
hesitate to pronounce the bill one of the
most extraordinary ever proposed in Ameri-
ca, and I trust in God that it will never be
repeated. It proposes to give the little great
men, who are so numerous in every govern-
ment, an opportunity to scorch their private
enemies by tke lightning of public suspi-
cion. I consider it not a proposition to sus-
pend the habeas corpus with regard to persons
guilty of treason, but to suspend it as to
all persons suspected by government or by
inferior agents.
The president, who has much more in-
formation on the subject than we have, has
assured us, that in his opinion no serious
danger threatens New-Orleans. Can any
member of this house lay his hand on his
heart, and declare that there is such a rebel-
lion in this country, that the public safety
requires the passing of this bill ? I presume
not, and if not, we have no constitutional
right to pass it. Does the superstructure
of our republic tremble to its base, under
the modern Cataline ? His resources are in-
deed contemptible. He possesses many of
the qualities of the Roman Cataline, and is
fast hastening to the same fate. He is al-
ready damned to everlasting fame.
Mr. Eppes was opposed to the bill in eve-
ry shape. It goes to place, said he, indi-
viduals at the mercy, not only of the exe-
cutive, but of all subordinate officers. This
power,.which is,the most tremendous that
can be exercised in a free country, ought
to be resorted to only in cases of invasion
and rebellion. The question now before us
is, whether such a rebellion exists that the
public safety requires a suspension of the
writ of habeas corpus. The militiaof Ohio,
of Kentucky, of Tennessee, and of the
Mississippi Territory, have been ordered
out, and general Wilkinson has at least
100O effective troops. What are the forces
of the conspirators I The message of the
president states that some boats had passed
the falls of the Ohio, accounts varying from
five to double or treble that number, with
persons on board from one hundred to three
hundred. Besides these boats, we learn that
two boats have descended the Cumberland
river with Aaron Burr on board.
The government has now existed for thir-
ty years, and never has the writ of habeas
corpus been suspended. There has never
been a time, when every citizen could not
demand the cause of his confinement. With
15,000,000 of annual revenue & 600,000 free-
men, shall we be afraid of a few despera-
does ? The militia of any single county in
the country is adequate to suppress them.
However dangerous the conspiracy may
have been, it is now at an end. The bill is
so objectionable in principle that I conceive
it important to give it a prompt rejection.
Mr. J. Clay (Penn.) called for the yeas
and nays, which were ordered to be taken.
Mr. Varnum (Mass.) was against the mo-
tion to reject the bill. The constitution
does not, said he, restrain the power of sus-
pending the habeas corpus act to cases when
the government was shaken to its centre.—
The language of the constitution is, that
the writ shall not be suspended, unless in
cases of rebellion or. invasion, the public
safety may require it. Will gentlemen deny
that a rebellion has existed, an extensive
ont, and in which the head of it assures us
he has powerful foreign aid ? The country
is not safe till the rebellion is brought to a
close.
W'ithout the aid of this suspension, a
thorough investigation cannot be made into
the conspiracy, and its authors and abettors
brought to proper punishment.
I am sensible that, as has been said, the ge-
neral government has never suspended this
privilege, but it was done by the state- of
Massachusetts in the case of Shay's insurrec-
tion, and no evils resulted from the suspen-
sion, it had a very beneficial effect. I be-
lieve the insurrection could not have been
quelled without it.
Have we ever had a rebellion like this ? A
rebrilion took place in Massachusetts a little
before the organization of this government
under the constitution. The object, howe-
ver, was not to change ordestroy the govern-
ment. The people were driven to it by im-
perious necessity. They were oppressed by
an intolerable weight of taxes, which were
never before paralleled inthehistory of man-
kind. So in the insurrection in Pennsylva-
nia, the insurgents had no idea of subverting
tlie government. Their only object was re-
lief from certain oppressions. But thiscou-
spiracy is directed against the freest govern-
ment and the happiest state of society in
the world, for the sake of ambition and emo-
lument. It is a most aggravated pa*p.
Will any gentleman say that there is the
least reason to suppose that innocent men
v> dl be t.iken up, if the.habeas corpus is sus-
psnded ? There is no probability of it: there
is scarcely a possibility. There is no dan-
ger to the liberties of the citizens in gene-
ral.
Mr. R. Nelson (Md.) said the motion to
reject, met his hearty approbation. ITe went
at length'into the nature and effect of the
writ of habeas corpus, and the consequences
of its suspension. He thought the move-
ments of the conspirators did not deserve
the name of a rebellion ; they ought not to
be dignified with that appellation. It was a
little, trifling, petty insurrection. Mr N.
thought the consequences of a suspension
would be dreadful, and the measure was the
most------thing in nature.
Mr. Sloan said he should vote with the
gentleman from Maryland, but he had a dif-
ferent opinion as to the nature of the con-
spiracy. Former insurrections compared to
this, were only as a drop in the bucket. They
consisted only of a handfiil of citizens who
were aggrieved by certain laws, and their
conduct has been partly justified by subse-
quent.events, for the laws which they have
complained of have been since repealed.
Mr. Bidwell (Mass.) though not satisfied
with the bill in its present form, was not
ready to reject it. It comes from the other
branch of the legislature,, and ought to
take the usual course. The constitution
requires two circumstances to warrant a
suspension of the habeas corpus; 1st, a re-
bellion ; 2d, the public safety must require
it. There is very clearly a rebellion. It
is not necessary that a battle should be
fought, or a gun fired to constitute a rebel-
lion. If troops are levied for the purpose,
it is sufficient. . The president has commu-
nicated the facts in his message. It appears
to be a rebellion of the most wanton and
profligate kind, the result of mere despera-
tion and ambition.
I fully agree in the importance of the ha-
beas corpus.. But a suspension may be, how-
ever, beneficial. It was once suspended in
Massachusetts, as has been stated by my
colleague (Mr. Varnum) and no evil result-
ed from the suspension. On the contrary,
the measare was very beneficial. I would
not suspend, the habeas corpus for the pur-
pose of suppressing the rebellion that' has
already been accomplished by the vigilance
and energy of the executive ; but the mea-
sure is necessary to secure and punish the
conspirators.
Mr. J. Randolph (Vir.) My vote will
be very different from that of the gentleman
who has just sat down. I was happy to
witness the prompt and decided opposition
that was made to this bill, especially from
the quarter whence it proceeded (Mr.
Eppes.)
An attempt has been made to enlist the
feelings of the house in favor of the bill by
suggestions that it would be indecorous to
reject it at this stage. The house are as
competent to decide on the question now
as ever they will be. I recollect that eight
years ago a bill was smuggled through the
house by a fastidious delicacy in not reject-
ing it at the first stages, and by finesse and
management, it was finally carried.
This course is often pursued by the other
branch ; they reject a bill at any stage ; and
I believe it will be found that on every oc-
casion, this house pursues the more liberal
conduct. I recollect no case wherein this
house a single veto can stop a bill, which
is the fact in the other branch. I feel no
scrupls on the subject.
Where is the danger of deciding at once,
if our minds are all clear as to the principle
' of the bill ? We all have the liberty of
speaking twice, which is once too much.
The session will be short, and from some
experience, I am afraid we shall not get
through all the public business, which
claims our attention.
Some gentlemen have expressed their re-
gret that the motion has been made. 1 feel
no repret, and shall thgrefore express none.
When a bill, affecting the liberties of the
people, comes from the other house, it has
always a suspicious appearance. A house,
so small in point of numbers, with so long
a tenure of office, and so often in conclave,
is not calculated to be the special guardian
of the liberties of the people. How long
was it after the organization of the govern-
ment, before any stranger was admitted even
into a two penny gallery ?
I am not surprised that the senate shut
their doers while deliberating on this bill ;
for if I had introduced such a bill into this
house, I shsuld have been very glad to have
the doors shut, that my name might not be
entered on the public journal as the author
of such a measure. I should have been
ashamed to own myself to the nation as the
author or advocate of such & bill.
I have another objection to the bill. It
looks like an oblique attempt to cover cer-
tain departures from the laws of the land, cer-
tain violations of the constitution which have
taken place in the country.
Recollect that we met the beginning of
P-eceraber; that the president bad informa-
tion of the conspiracy in September ; that
the proclamation was issued in the latter
¦ part of November > and that not the least
information of the conspiracy reached us
officially till the 2?dof this month. I will
never agree in this oblique, side way man-
ner to cover up the arbitrary and dangerous
proceedings of any officers under the go-
vernment. I am willing to maintain the
principles which I have always m'aintaintjd,
and which I will maintain, God willing, so
long as I have a seat in this house ; nay, so
long as I have life. Whatever maybe the
private character of a persecuted man, I
and those with whom I have always been
associated, have made it the rule of our con-
duct to regard the principle only.
What said we in cases under the sediti-
on law r We determined to maintain the
rights of the meanest reptile that breathed,
who might be suffering under the operation
of an illegal, an unconstitutional principle,
piiregardir.g popuhr clamour, disregaidin^
odium, .we said, and said ju*tjj that ••¦ e
should be safe at last. In ease of Calen-
der, no inquiry was even' made as ro the
character of the man. We regarded only the
principle. He was suffering under an ob-
noxious law, therefore we gate hint our
support. I might quote other, examples of
a like natme, but out of deference to the
feelings of the house, I will forbear. '
I have another objection to this bill. I
conceive the question is, whether the U.
States shall be under military government
the ensuing three months. The question is
whether the civil power shall be subordinate
to the military or the military to the civil.
A case has already occurred in which the
military power has set at defiance the civil
authority, and usurped a kind of omnipo-
tence.
I consider this bill as intended for soft-
ening over and soomthing these usurpations.
What has been the practice, not indeed
in pursuance of but under the constitution,
you have seen men taken up by a military
tribunal, sent on board a vessel, and trans-
ported to a" distant part of the country. If
this may be done—-if men may be trans,
ported from Orleans to the Atlantic coast,
they may be deported to Cayenne or to Bot-
any Bay. If you sanction this bill, instead
of reaching your lodgings when the house
shall Stave adjourned, you may be arrested
on the Pennsylvania avenue, hurried on
board a vesse', confined L the hold, and
transported to a foreign country.
I put it to any gentleman in this house, if
Cataline, Cethegus, and Lenttiltis, with not
as many followers, can be compared to the
insurrection of 1794.. in point of physical
force, however stiong they may be in men-
tal force. But from the result it appears
that there was as great a deficit in mental as 1
of physical power. I agree with the gen-
tleman from Maryland (Mr. R. Nelson)that
this affair does riot deserve the name of a
rebellion. It is nothing but an intrigue. I
am happy to declare, not on the honor of a
soldier, but of a man, that it is an intrigue,
formed by foreign-agents.
A gentleman from Massachusetts (Mr.
Varnum) has said that the organization and
administration of the government forbids
the apprehension that any improper use will
be made of this power. Sureiy the gentle-
man from Massachusetts must suppose that
this is is nothing new. Surely the gentle-
man from Massachusetts must know, if he '
has read history, and I presume he has, that
in case of a king de facto, o majority of his
parliament are always ready to say, there 13
no danger in increasing executive power ;
we are all honorable men, and he to whom
we propose to entrust power, is above all
suspicion. This is not a fair argument. I
take man as he is ; and in his, best state, &
at the best times, he is prone to abuse, prone
to corruption. Every single la.v you pass,
but proclaims the fact.
If you pass this law, it will form anew
sera in the history of the country. I remem-
ber that when I was a boy, and used to read
such small chronological tables as I could
procure, I was always much delighted in
Greek and Koiiun story whenever I read
that on such a year monarchy was abolish-
ed. But I soon found that tyranny was ge-
nerally restored in a short time, under the.
same or a different form. After the aboliti-
on of monarchy in Borne, in a few years suc-
ceeded dictators, possessed of still greater
power, and the liberties of the people did not
survive the third political appoplexy.
So it will be here. If you pass this bill
you lay every man, as has been well expres-
sed (by Mr. Elliot) not at the mercy of the
chief executive merely, but of every subal-
tern officer in the army and navy.
What compensation can be made to a man
in return for being seized by violence, tied
neck and heels, hurried on board a dirty ves-
sel, and sent offto Orleans or Passainaqiio-
dy. Then forsooth, he must bring his acti-
on for damages, for dollars, and cents and
dimes, to obtain reparation to his feelings.
Let us put it in the hands of no man to tlo
this. If we pass this bill, we ought to pass
an appropriation act,at the same time ; we
ought to mortgage the treasury to compen-
sate the innocent for their suffering tinder
the act. It is not in men, with tilth epau-
lets on their shoulders and tiieir gold buttons
on their coats to make compensation.
It is sa^that this bill is temporary. So
it was said in the case of the sedition law &
other obnoxious acts. But when a law is
once passed it seems an easy thing to pro-
Cure its re-enaction. From the experience
we have had, this clause of limitation appears
to be a dangerous appendage ; it is a mere
bait to the trap ; it is merely an entering
wedge.
It is said no man becomes base at once,
and it may be said with like truth., that no
nation ever became enslaved at or.ce. There
are in both cases the intuitive and progres-
sive stages, which must be passed through,
before the man arrives at complete depr,"1-
ty, or the nation is enchained in, hopeless
slavery.
Let us take a case. Suppose the duration
of the executive power weie prolonged from
four to five years. The next step would be
to eight, then for life, next with the liberty
of nominating a successor, 1 and finally it
would become heriditary. These are the
stages, and in this way mankind are bro't
to agree to despotic government. It is
old remark that old bfeds are' not: to be
caught with chaff; but tli kind
has never been composed of old bi;
One other law from the same mint, and
with the same stamp, the twin brother of
this, and I would quit the country-. I refer
to a law passed by the'British parliament in
J294 to prevent seditious assemblies, and
which forbid in certain cases, the ys.f,em-
bling of more than five persons, undei the
severest penalties. Oppression under the
sanction of lav/ is of the most odious and
intolerable kind. Was the tyranny of Ro-
bespierre less'oppressive, less cruel, less fe-
rocious, less abominable to God .
because it was practised under the names of
liberty and equality ?
Mr. B. said he would offer a few remark*
on the details of the bill, but be hue! trot tit-
tered more than one or two sehtent
he observed that he had er,h J&$£
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