Debate in the House of Representatives of the Territory of Orleans, on a Memorial to Congress
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Hersteller: | Forgotten Books (Representatives, Louisiana Legislature H) |
Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Debate in the House of Representatives of the Territory of Orleans, on a Memorial to Congress: Respecting the Illegal Conduct of General Wilkinson We knew how to appreciate them; and read with satisfaction in the first law passed for our government, the provision, that "The inhabitants of the said territory, shall be entitled to the benefits of the writ of habeas corpus. They shall be bailable, unless for capital offences, where the proof is evident or the presumption great, and no cruel or unusual punishment shall be indicted." Whenever we have been tempted to complain that other privileges, deemed by us essential were withheld, we have been reminded of former periods in our history, when Liberty was only a latency at the will of our superiors, and told to be grateful for the extension of a remedy against every species of illegal, personal violence; we examined the nature of this provision, and saw in its theory an admirable contrivance to secure the liberty of the citizen ; we enquired into its operation, and found that its practice had produced the correspondent effect; and we considered this assurance of personal, as the first step to political independence. Secured from the dread of legal punishment by a determination not to merit it, and safe in the protecting power of the law against all attacks on our reputation or property, we assumed the plain but lofty port of Freedom, and looked forward to the period when 60,000 citizens, who had by enjoying, learned to appreciate their rights, should unite in assuming an equal rank in the great Federal Family - a station to which "nature and nature´s God," has destined them. Under these anticipations, our government experienced another change. And here again we rejoiced to find the invaluable privileges of personal security, re-assured with other provisions equally important. In the second article of the ordinance, it is declared that "the inhabitants of said territory shall always be entitled to the benefits of the writ of habeas corpus and of a trial by jury - that all persons shall be bailable, unless for capital offences, when the proof is evident or the presumption great, and that no man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land." We view with admiration, and as children of the great American Family, claim a participation in the benefits of the constitutional provisions contained in the 7th and 8th articles of the amendments to the Constitution, and fear not the disspprobation of congress, when we contend that within this territory "no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war, or public danger." And that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature & cause of the accusation - to be confronted with the witnesses against him - to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
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