Class JL-3-BS- Book _?jt S- 1— ^ dLf'.''.'/i^?rr<9^^^^ If THE CASE OF /ILIEN ENEMIES, CONSIDERED AND DECIDED UPOX A WRIT OF HABEAS CORPUS, ALLOWED ON THE PKi iriON OF CHARLES LOCKINGTON: AN ALIEN ENEMY. ny I HE HON. AVILLIAM TILGHMAN. Chief Justice of the Supreme Court of Pennsylvania, The 22d day ef November, 18i:. /42 KEPORTED BY RICHARD BACHE, ESQ- PHILADELPHIA: PRINTED BY JOHN BINNS, NO. 70, CHESNUT-STREET. 1813. V .* » '^ ^*2r- E35i l ^j^^g ^f j,^g United Slates of Anieilcu, A. D. i813, RICHARD BACHE, of the said District, hath deposited in this office the ti'le of a Book, the riftht ^vhereof he claims as Proprietor, in the words following, to wit: "The Case of Ah«n « Enemies, considered and decided upon a Writ of Habeas Corpus, "allowed on the Petition of Charles Lockin-ton, an Aiien Enemy, « by the Hon. William Tilghman, Chief Justice of the Supreme '' Court of Pennsylvania, the twenty-second day of November, 1813. " Reported by Richard Bache, Esquire." In conformity to ihe Act of the Congress of the United States, intituled, « An act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled '• An act supplementary to an act entitled " An act for the encouragement of learning, by securing the copies of maps, charts and books to the authors and proprietors of such copies du- ring the times therein mentioned," and extending the benefits therof to the arts of designing, engraving, and etching historical and other prints." D CALDWELL, Clerk of the Didrict of Pennsylvania, * • t« THE CASE OF ALIEN ENEMIES. 1 «> The Commonw ealth of Pennsylvania 1 (on the relation of Charles Lockington) \ vs. Joseph Cohnman, Keeper of the Debtors' '' Apartment, in the Prison of the City and County of Philadelphia. ^ On the '12th of November, 1813, a Haleas Corpus was allowed by the honorable itiUiam Tilghman, Chief Justice of the Supreme Court of VennsylTaniaf commanding Joseph Cornmaiu the Keeper of the Debtors* Jlpartmentf in the pri- son of the City and County of Philadelphia, forthwith to bring before the Chief Justice, in the Court-room of the Su- preme Court, the body of Charles Lockington, and to return, with the writ, the cause of commitment and detention. The Haheas Corpus was allowed, upon the toUowing petition and affidavit. To the Honorable William Tilghman, Esquire, Chief Justice of the Supreme Court of Pennsylvania. The petition of Charles Lockington humbly sheweth, that he is confined in the debtors' apartment of the prison of the city and county of Philadelphia, and restrained of his liberty, not for any criminal matter, but under color and pre- tence of a warrant from John Smith, 3Iarshal of the United States for the district of Pennsylvania, of which a copy is C 4 ] hereunto annexed. Your petitioner humbly prajs tlKvt a Ii((- heas corpus may be aAvardcd by your honor, directed to Jo- seph Cornman, keeper of the debtors' apartment, returnable before your honor at such time as your honor may appoint. And that your honor Avill examine tlie facts relatinsj to the cause, and into the cause of your petitioners' confinement and restraint. And tbcreupon cither bail, remand or dis> charge him, as to justice shall appertain. (Signed) CHAKLES LOCKEaGTON. Robert Kid, of the city of Pbiladelphia, being duly sworn, deposeth and saith, that Charles Lockington is actually con- fined and restrained in the debtors' apartment of the prison of the city and county of Philadelphia, to the best of this de- ponent's knowledge or belief, not by virtue of any connnitment or detainer, for any criminal or supposed criminal matter, but under color and pretence of the warrant from John Smith, of which a copy is hereto annexed. * (Signed) ROBERT KID. Sworn, the lltli day of November, 1813, before me, (Signed) JACOB BaKER, Mderman. United States, ? ^^ Pennsylvania District, 5 Charles Lockington, an alien enemy, having vi(;lated the rules prescribed for his government, you are, therefore, charged to receive his body, and him safely keep, until dis- charged by law. Given under my hand and seal, this 9th day of Novem- ber, 1813. (Signed) JOHN SMITH, Marshal. To the Keeper of the BeMors^ Apartment, I hereby certify the above to be a true copy of the Mar- shal's commitment. (Signed) JOSEPH CORNMAN, Keeper of the Debtors' ^3parlment, [ 5 J Let a Habeas Corpus be issued, rcluvnable inimediately. Hearing to be in the ('ourt-rooin of the Supreme Court, to uiorrovv morning, at ten o'clock. (Signed) WILLIAM TILGHMAN. Nov. 12, 1 SI 3. To the Prothonoiary of the Sujireme Court for the eastern district. The writ of Tlaheas Corjms, being returned on the loth of November, with tlie Marshal's order, specifying the cause of conin)i(mcnt and detention, the Chief Justice postponed the liearing of the case until Monday the 15th of November, to afford the I^larslial an opportunity for preparation. On the 16th of November, Mr. Dallas, the Attorney of (lie United States, for Pciinsulvania, filed the following sug- gestion, on behalf of the Marshal : The Commonwealth of Pennsylvania"^ 71S. \ Joseph Coknm an, Keeper of the Debtors' ^Hahcas Corpus. Apai'tnieiit of Ihe Prison of the City and J Counly of Philadelpliia. J In the Matter of Charles Locldngton. And noAV, to wit, this fifteenth day of November, in the year one thousand eight hundred and tliirteen, into the Court- room of the Supreme Court, for tlie Eastern District of Penn- sylvania, before the honorable William Tilghnian, Chief Jus- tice of the Supreme Court of Pennsylvania, comes John Smith, Marshal ef the District of Pennsylvania, in his proper person, and respectfully gives his honor here to understand and be informed. That, on the eighteenth day of June, in the year one thousand eight hundred and twelve, an act of Congress was passed, declaring war between the United States of America, and their territories, and the United Kingdom of Great Bri- ■[ 6 ] tarn and Ireland and the dependencies thereof; that on the nineteenth day of June, one tljousand eight hundred and twelve, the President of the United States of America, made public proclamation of the event ; and that tliereupon all na- tives, citizens, denizens and subjects of the King of tlie United Kingdom of Great Britain and Ireland, being males of the age of fourteen years and jipwards, who were within tlie United States, and not actually naturalized, were liable to be apprehended, restjaincd, secured, and removed, as alien ene- mies. Tifat the President of the United States, on the event of the said war, was authorized, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens, who should become liable to be apprehended, restrained, secured, and re- moved, as aforesaid; the manner and degree of the restraint to which they should be subjected; and in what cases, and upon what security, their residence should be permitted; and to provide for the removal of those who, not being permitted to reside within the United States, sliould refuse or negiei I to depart therefrom ; and to establish any other regulations which sljould be found necessary in the premises, and for the public saicty. That the President of tl?e United States, in the due exe- cution of his authority aforesaid, did, among other things, direct and require, by his public notice, issued from the Department of State, on the seventh day of July, in the year one thousand eight hundred and twelve, that " all Bri- tish subjects, within the United States, should forthwith report to the Marshals (or to the persons to be appointesc of being removed from the United States ^ a removal so- licited, in the present case, by the petitioner, as well as many ether British subjects. Resident alien enemies had a right, by the law of nations, to withdraw from the country after a declaration of war ; and to refuse them the enjoyment of that right would render the American Government as odious as the Government of jyapolean, who had seized on every British subject, and confined them in the interior of France. 4. That the first section of the Act of Congress authori- zes the President, in the event of war, " by his Proclamation t 15 ] thereof, or other pnhlic aet, to direct the conduct to he ob- served, on the part of the United States lOAvards the aliens^ ulio shall heconie liable to he apprehended, restrained, seeui'- cd, and removed, as alien enemies:" hat there must he a pub- lic act, and it must he the act of the President himself : where- as in the present case, the notices, or acts, do not appear to he public ; when dated from *' the Dejmrtmcnt of Slate,*' they arc not under seal ; they are not signed by the President, nor by the Secretary of State, nor is the authority of the President mentioned in them ; when dated from " the Ojjlce of the Coin- mit^sary General of Priaoners," though they are signed bj ** John Mason" there is nothing to shew his authority to an- nounce the acts of the President; and if the notices, or acts, thus informally published, should even be regarded as acts of the Secretary of State, or of the Commissary General of pri- soners, which the President allowed them to perform ; yet they cannot be deemed valid, or legal, to affect the alien ene- mies, as the President's power, under the Act of Congress, was strictly personal ; Avas not susceptible of a transfer ; and could not be exercised by any substitute, or deputy* 5. That the Aet of Congress gives no authority to the PiHisident, to employ the agency of the Marshal, for taking any alien enemy into custody, except in the single ease, desig- nated in the third section ; to wit, the removal of an aliea enemy, who had been'required by the President to depart, out of the territory of the United States; and for such removal, it is declared, that the Marshal shall have the President's warrant. 6. That the second section of the Aet of Congress, makes tlie provision, for carrying into effect, the public acts and reg- ulations of the President, performed and established by virtue of the first section, in relation to alien enemies, upon a resoi-t to the judicial authority, and not by a summary course of ex- ecutive proceedings. The President could nat authorise the Marshal to apprehend, restrain, or secure, an alien enemy with- in the jurisdiction of the United States ; and consequently the Marshal s arrest and commitment in the present case, are acts of usurpation, unconstitutional, tortious, and void. Even if C 16 ] all the otiier objections to tlie iinprlsmmient of Loc^iliiiston were oveirukd, it MOuierinitted to reside in the United States, shall refuse, or neglect, to depart thevefi-oni : and lie alone can cst;ihlish any other regulations, v, hieh shall be foiiisd necessary 'm the pseniises, and for the iwddic safety. Jsow, it is obvious, that the President has not only the power to dc- ..darethciaw of the conduct, to he observed towards resident Alien Enemies, but to direct the means for carrying the law into effect. If be may dii-cet the manner, as well as the de- gree of \'Cfiiviimi,m-aj he not direct, that for the disobedience of a. Public Notice, an Alien Knensy siiail be taken into the custody of tlie Marshal ? If he may direct the cases, in which ;tn Alien Enemy may be permitted to reside >vithin the Uni- ted States, and npon what security ', may he not refuse to per- mit a residence, upon his own view of the public safety, ai- tljoiigh the Alien Enemy should not be chargeable with actu- ■il hostility, nor be of a character and dej)Ovtn»ent to beget suspicion of misconduct ? If he may provide for the removal of Alien Enemies, who refuse, or neglect, lo depart from the United States, when ordered, may he not provide for their ar- rest and confinement by the Marshal, preparatory to their removal beyond the territory of the United States ; for Avhich removal, his warrant must be specifically obtained? If he may establish any other regulations, which he shall himself find necessary in the piemises, and for tiie public safety ; may he not establish the regulation, that all Alien Enemies, who re- fuse to depart from the vicinity of tide-water, shall be re- moved by the Marshal, or shall be taken into his custody for disobedience ? In short, if it is the duty of the President, un- der the sanction of tlie first section of the Act, to ascertain the hostile designs of the enemy ; to guard against the mis- conduct of resident Allen Enemies, of every denomination ; und to provide, from the secret, as well as the open, sources of Executive infurmutiou, against every danger, sudden, as C 25 3 well as (listanf, wlucli threatens tlic public safety^ may tc not, Avitlioiit (liseiosing to piiblic viev^, the evidence and the motives of his condtict, adapt the means to the necessity of the occasion, upoti the responsibility, Avhich he owes, in com- mon with every public oCicer, to the Constitution and laws ? Thus, Uiejlrst section of the Act of Congress puts th« Executive Department into action, upon the general princi- ples of the law of war : and the authority of the President is applied to every possible case of precaution, as well as to every case of actual hostility, or misconduct. The policy of measures of State, belongs, properly to the consideration of the Legislative Department ; the expediency of cautionary measures, in the execution of all laws, and particularly of the laws of w ar, belongs properly to the consideration of the Ex- ecutive Department ; but there is still an ample field for the agency of the Judicial Department, in taking cognizance of complaints, upon subjects within the policy of the law, but not within the scope of the Executive measures, adopted to carry th^ law into effect. 4. Hence, the second section of the Act of Congress puts the Judicial power into action, not as the means of carrying the Ex,- ecutivc authority, created by the first section, into effect, but as an auxiliary, to accomplish the general policy of the law. Would it not be an extraordinary employment of the Judicial power, to require, that a measure of State, and of war, pre- determined by the Executive Magistrate of the Union, upon secret information, and cogent motives, should be publicly submitted to the investigation of a Court, or of a single Judge, with power " after a full examination and hearing,'* to affirms, or reject, the measure, as the Court, or the Judge, should decide ? Yet, this must be the effect of the adverse doctrine. For instance : the President shall deem it necessary for the public safety, immediately to remove all Alien Enemies, from the vicinity of tide water, or from a particular station, me- naced by a fleet, or an army ; but he cannot remove one of them, unless a Court of criminal jurisdiction is in session, on the spot ; or a Judge of a Court of the United States, is at hvihd; nor even if he could comniaad the facility of such a D L ^6 3 Court in scss^ion, or of such a Judge at hand, can tlx* reinov al be effected, until a complaint has been made in due fonu of law; until the case of every Alien Enemy has been fully examined and heard ; and until the Court, or Judge, has de- termined, upon the evidence, that sufficient cause appears, for the removal ! The bare statement of sueli a consequence, must prepare the mind to resist the construction from which it flows, if any other reasonable construction can be given to the Act of Congress. It is to be considered, therefore, tliat the Executive au- tliority, created by Uw first section of the Act of Congress^ does not reach every possible case of danger, to which the care of the Government ought to be extended. Alien Ene-^ mies, permitted to reside at large, within the district, at pla- ces far distant from the seat of the Federal Government, may, occasionally, become dangerous, by personal miscon- duct, to the public peace, or safety : Alien Enemies directed by the President's regulations to withdraAV from particular stations, may disobey', beyond tlie view of the Executive and jMinisterial officers of the Federal Government : Alien Ene- mies, may be subjected to various other restraints, by the President's regula tions, althougli no particular mode of pro- ceeding against them, for disobedience should be prescribed : In these, and in a great variety of other probable cases, the Courts of criminal jurisdiction, and the Federal Judges, in- dividually, are authorised to interfere, upon the complaint, not only of the Marshal, but of any member of the commu- nity'; not only upon an official call for judicial aid, but upon an original complaint, that an Alien Enemy is resident, and at large, within the district, to tlie danger of the public peace, or safety, and contrary to tiie tenor, or intent, of the regula- tions, which the President has established. W hatever the President may do, under the authority created by thejlrst section of the Act, the Courts of criminal jurisdiction, and the Federal Judges, individually, may do, under the authori- ty created by the second section : they are to hear and to ex- amine, and to decide, for themselves : they are not to enforce the President's orders according to his j udgmentj but to make C 27 ] Their own orders according to tlieir own judgment : And they may order an Alien Enemy, " resident and at large, to the dan- ger of the pithlic peace and safety, to be removed out of the territory of the United States, to give sureties for good be- ba\iour, or to be otherwise restrained, conformably to the President's Proclamation, or regulations ;" but they are to judge and decide, not the Executive Magistrate, as well whe- wher the danger to the public peace and safety exists, as whetlier the case is within the words and meaning of the Pre- sident's regulations, Sucli a course of proceeding would be correct and usual, upon complaints brought, originally, be- fore the judicial authority : but cases, Avhich the President has himself already decided, to be cases of danger, within the meaning of his regulations, can only be submitted, to ♦' the full examination and hearing" of a Court, or a Judge^ in the nature of an appeal, for which the juridical histort- •f nations, can furnish no principle, or precedent. But does not the third section of the Act conclusively show, that the Executive authority, and the Judicial autho- rity, move upon a distinct impulse, in distinct spheres? It h there made the duty of the Marshal, to provide for removing out of the territory of the United States, Alien Enemies, who fey the President of the United States, or by order of a Court,, Judge or Justice, as aforesaid, shall be required to depart^ and to be removed as aforesaid :" And "for such removal, the Marshal shall have the warrant of the President of the United States, or of the Court, Judge, or Justice, ordering the same, as the case may be :" that is, if the removal is or- tJcred by the President, his Avarrant shall sanction it ; if it is ordered by a Court, or Judge, or Justice, a judicial warrant must be obtained. It will readily be seen, that for all re-' straints imposed on Alien Enemies within a district of tire United States, the Marshal's official duty, and powers, are sufficient, without any additional provision by law ; but for any ex-territorial agency, extending beyond the United States, ov even beyond a particular district, it was necessary to make it the duty of the Marshal of the district, iu which the Alien Enemy, is apprehended. " to provide for the removal ? C 28 3 <* and to execute sueli order, by himself, or his deputicf5, or <' other discreet person, or pereons, to be eiii})]oYed by him." But whence does the President derive the power of ordering an Alien Enemy, to remove from the United States ? it is not granted by the third section of the Act, v.liere it is obvi- ously mentioned as a power previously e rented ; and, there- fore, it can only be derived from th(^ firs! section, which ere ates all the authority of the President, upon the subject, ir* tliejivst section, then, the President's power, to remove an A-lien Enemy from the United States, is given precisely iu the same manner, and in the same passage, as the power, « to apprehend, restrain, and secure," an Alien Enemy, with- in the territory of the United States : And when it is found, that the President is authoriser! to execute, upon his own w ar- rant, his order for the removal of an Alien Enemy, from the "United States, without resorting to any Court, Judge, or Jus- tice ; upon what principle of discrimination (if it is true, in jurisprudence, as it is in mathematics, that the greater always comprises the less) can it be asserted, that he is not authoris- ed to execute, upon his own directions to the Marshal, his orders, for apprehending, restraining, and securing, Alien Enemies, within the jurisdiction of the United Spates ? II. The President's authority has been exercised, in due form of law, 1. The Constitution of the United States, contemplates the establishment of Executive Departments, to aid in the performance of the business of the Chief Executive Magis- trate ; and, accordingly, " The Department of State" (l vol. 359 Ibid. M) " The Department of War" (1 vol 39) and " The « Department of the Navy" (i ^'oL 100) have been establish- ed. Each of these Departments acts, under the orders of the President, according to the respective objects of their insti- tution ; and the mode of acting differs, upon different occa- sions. But whatever is the adopted and customary form of the Department, in announcing its acts, must be considered, as the legitimate form of authentication, unless an Act of Congress, shall, in particular instances, prescribe another. L 29 j 2. " The Department of State," is the appropriate orgajs !o eomniunitate, both at home asd abroad, the public acts of the President, in relation to affairs of State, which do not belon.t^j to military or naval duties ; and it is expressly pro. YJded, tliut the Secretary of State, *' shall conduct the busi- " ness of the said Department, in siieh manner as the Presi- " dent of the United States, shall, from time to time, order, « or instruct.'' (1 toL 359, §.1) The Acts of Congress provide for a Seal of the United States, and a seal of office, to be kept and aiiixe!iblished in tliiose newspapers, in Avhich the laws of tht; United States are published, by which all British Subjects were required, to make report of themselves to the I^Iarshals of the districts, in w Inch tliey resided ; and at the same time the several Marshals were directed to cause the laws, which relate to Alien Enemies, to be published, in order tliat suck persons might be informed of the situation, in which they stood. Those laws were, accordingly, published. On the 23d of February 1813, an order was issued from the Depart- ment of State, and published in the newspapers, by which *' Alien Enemies, residing, or being, within forty miles ot *< tide water. Mere required forthwith to apply to the Mar- " shals of the States, or Territories, in which they, respec- *' lively, resided, for passports, to retire to such places, be- *< yond that distance from tide water, as should be designated «' by the Marshals ;" subject to certain exceptions, not af- fecting the present ease. Jit the same time the several Mar- shals of the United States received instructions from the De- partment of State, to take into custody, and convey to the places assigned to them, all persons to whom the said requi- sition was applicable, and who did not immediately conform to it. On the 15th of April 1813, the several Marshals were informed, by a notice from the Department of State, that the President had appointed John Mason Esq. Commissary General for Prisoners of AVar, '* including the Superin- « tendance of Alien Enemies ;■■ and that, in future, all let- C 35 ] tors and documents on those subjects, were to be addressed to that gs^ntJenian ; and all instructions from him, in riiatioji to the same, were to be obeyed ; unless otherwise directed, from the Department of State. On the 31st of May 1813, a circular letter, sij^ned by John Mason, was addressed to the several Marshals of the United States, and published in the newspapers. This letter was dated " Office of Commissary *' General of Prisoners, Washington, May 31 1813," and is expressed in the following form : " The President, being de- ** sirous of delining, more particularly, the treatment of ** Alien Enemies, and of extending as much indulgence to ** them, as may be eonipati!)le, with the precautions made *' net-essary, by the present state of things, directs, that, in '« regard to such as may be wivhin your District, you will be «* governed by the following rules. You will cause to be re- ** moved, as heretofore prescribed, if not already done, undep «♦ the former orders from the Department of State, all who ** are not females, or under eighteen years of age, who are *' not labourers, mechanics, or manufacturers, arrived in the " country previous to the declaration of war, and actually em- ** ployed in their several vocations : subject, however, to the *< following Diodifications." Then follow the modifications, none of whieh apply to Mr. Lockinglon. These are all the liicts of any importance on the present question. It has been contended, that the orders issued from the public offices, are not to be considered, as the acts of the President ; and that, if they are his acts, they are not au- thorised by law. Both these objections shall be considered ; but I shall first advert to the point, introduced in the sugges- tion filed by the Marshal, which goes to the jurisdiction of a State Judge, in cases like the present. It is supposed that the State Judges have no authority to issue a writ of Habeas Corpus, because the power of declaring war, being vested in the Congress of the United States, all matters appertaining to that subject, must be under their controul ; that Congress, if it had pleased them, might have considered Alien Ene- mies, as Prisoners of War, who are not entitled to the benefit of a writ of Habeas Corpus j and, finally, that as the laws of 6 1 the United States liave ejiven to the StaU' Judges, a ceriuin juris(Hetion, ^vith respect to Alien EiKinies (wliieh I shall have occasion to mention hereafter) but have not given to them authority, to interpose by a writ of Habeas Corpus, that "writ ought not to be issued. In answer to these suggestions, it is to be observed, that the authority of the State Judges, in cases of Habeas Corpus, emanates from the several states, and not from the United States. In order to destroy their juris- dietioi>, therefore, it is necessai'y to shew, not that the United States have given them jurisdiction ^ but that Congress pos- sess, and have exercised, the power of taking away that ju- risdiction, which the States have vested in their own Judees. Our Act of Assembly directs, that, in all cases, „ where any " person, not being committed, or detained, for any criminal, " or supposed criminal matter, shall be confined, or re- " strained, of his liberty, under any colour or pretence <• wiaatsoever," he shall be entitled to a writ of Habeas Cor- piis. Now, it is no answer to this law, to say, that, being made, before the present Constitution of the United States, was established, it could not be intended to apply to cases ari- sing under the Constitution. The people of Peimsylvaiila still remain Citizens of the Commonwealth, as well as of the United States ; and it is of as much importance to them, to be relieved from unlawful imprisonment, under colour of au- thority derived from the United States, as from any other imprisonment. When the present Federal Constitution was adopted, the people were not easy until tlsey obtained an amendment, declaring that the powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, were reserved to the States respectively, or to the people. A writ of Habeas Corpus must, therefore, be issued, in all cases, where the right to issue it, has not been given up to the United States. That this right has not been given up, was my opinion, delivered in the case of Olmstead, where I assigned reasons, which I shall not now repeat. But that is not all. It is a principle, well established, that even in cases, where Congress might assume an exclusive jurisdic- tion, the authority of the States remains, until such a juris- [ 37 1 ilicfioii is assiiMird. Tiurc are many instances, in Avhich the powers of (lie United States, are suffered io lie dormant: ijueli as the power of estabiislnng uniform laws on the subject of lKinkn!]>teics; and, wliile tlie power remains dormant, the several States regulate the subject. In subjects, also, within the jurisdiction of Congress, when they do legislate, the au- thority of (he States is taken away, only so far as the law of the United States declares. This is exemplified in the Act estuS)iishing the Judicial Courts of the United States where, it will he found, tliat, in some instances, the Courts of the United States are vested v.ith an exclusive jurisdiction; hut in many more they ha\e jurisdiction concurrent with the Courts of the several States. And, although it is true, that, bv the terms of the Act, the Courts of the United States have only a concurrent jurisdiction, yet, I apprehend the construc- tion would be the same, if the express terms had been omit- ted. By the lith section of the same Act, power is given to the Judges of the United States to grant writs of Habeas Corpus, for the '• purpose of an enquiry into the cause of *' commitment; provided that they shall, in no case, extend '« to prisoners in gaol, unless where they are in custody, «* under, or by colour, of the authority of the United States, " or committed for ti-ial, before some Court of the same, or « are necessary to be brought into Court to testify." Kow, if it had been intended to exclude tJie State Judges, this is the place, in which we might expect to find evidence of suck intention : for, the subject was full in the mind of the Legis- lature, as appears by the care, Avith which they restrained their own Judges, from interfering with oommitmcnts, not under the authority of the United States, The judicial power of the United States extends to all cases in law or equity, arising under the Constitution, the laws of the United States, and the treaties made under their authority. Supposing that Congress had the right to assume an exclusive jurisdiction, ia all cases founded immediately on these subjects, the exercise of it, would be intolerably griev- ous, without a great increase of Courts and Judges : And, even then, it would often happen, that the State Courts would C S8 3 . }iav0 to decide on the Constitution, Laws, and Treaties of the United States, on questions arising, eoHateraily, in causes Avitliin their jurisdiction. Still the authoiity of the United States may be preserved, by retaining, as they have retained, an appeal to their OAvn courts. But it seems to be the general opinion, that from a decision on a Habeas Corpus, no appeal, or writ of Error, lies; and, thus, points of vital importance to the United States, may be determined by State Judges, \*ithout an opportunity of revision. This may, certainly, be a very serious evil ; but it does not appear to be without remedy. For, although, by the general principles of law, an appeal, or writ of Error, might not lie ,• yet, the subject being within the power of Congress, tliey may regulate it as they please. As to an attempt, to take away from the State Courts altogether, the right of issuing a Wiit of Habeas Corpus, in any case, where a man pretends to justil'y an im- prisonment, under the authority of the Uuiled States; — whenever the subject shall be brought before Congress, it will be found to be attended with very great if not insupera- ble difliculties. I have said thus much on the point of jiirisdiction (al- though I consider it as having been long settled, and acted upon, by the Supreme Court of this State) because some persons of high standing, in other States, for whose opinions J entertain the most sincere respect, have expressed doubts cm the subject. It is a matter deserving the greatest consi- deration, in which the people of the different States are deeply interested. The inconvenience of clashing opinions, between Federal and State Judges, may sometimes be felt ; but when I consider the situation of a Pennsylvanian, imprisoned un- lawfully, by colour of a pretended authority from the United States, on the banks of the Ohio, or the shore of Lake Erie, with only one Federal Judge to whom he can apply, and that Judge in the city of Philadelphia, I feel as little inclination, as I have right, to surrender the authority of the Common- wealth. But there is another olijeetion to this Habeas Corpus, applieabic equally to the Judges of the States, and of the Unit- i 39 ] Slates : it is, liiat Mr. Lockinglon is in the situation of a ]>ri- sonev of war. If he be so, lie is not entitled to a privelege, Avlilcli never eould have been intended, foe persons of tliat de- sei'iption. A prisonor of war is snbject to the law of war; lie is bi'oiir^lit among us by foece ; and his interests were ne- ver, in any nnmner, blended with tliose of the people of tliis connti y. He has no mnnieipal rights to expect from us. %Vc gave him no invitation, and promised him no proteetion. Kis object was to injure us ; and we bring him hither solely for safe keeping. Far different is the case of a great body of people, who, although now placed in the situation of enemies, by events over which they had no eontroul, yet, in their hearts, may bear no enmity to the United Slates : nay, who may even prefer this country to their native soil. Many of them came among us, with a view of sharing our fortunes* Our laws held out invitations ; they were suffered to acquire property, personal and real ; we permitted them to swear, that they intended to renounce their native sovereign, and be- come fellow citizens with us. Many, it is true, came merely on business, without such intent, and may be really ini- mical. But even they had tliat implied promise, which civi- lized nations have long been supposed to make, that, in case of sudden war, there should be permission to depart in a rea- sonable time, without injury to person, or property. I am far from denying, however, that the condition of these people is to be decided, not by a reference to the usual courtesy of na- tions, but by our own laws. Congress had the power of le- gislating on the subject : they have exercised that power : and their acts are paramount to all foreign customs. It is these acts, which we are now to consider, and it will be found, that they are such, as the most civilized nation need not blush to avow. They preserve a sacred regard for Treaties j and. in eases where no Treaty exists, they vest the President of the United States with full powers, to be exercised " aceord- " ing to the dictates of humanity, and national hospitality ;" not forgetting, however, a due regard to the public safety. It has lately been decided, by the Supreme Court of J^ew Fork^ m the case of Clark vs; Money (10 Johns. 59.) that Britis. L 4.0 J Aliens, resifling m Iha United States, so ^ar from being con- sidered as prisoners of war, may sue, and be sued, as in time of peace. The Act respecting" Alien Enemies, vas passed on the sixth of July one tliousand seven hundred and ninety eight. In considering it, I slsall not pursue tiie wide range, which was taken in tiie argument of iliis case. In fixing its true construction, it is of no impostance, under wluit adiuinistration it was enacted; by whom it Avas brought Ibrward ; or by v/hom advocated, or opposed, on its piissage. It is the law of the land ; and, being so, it becomes the duty of every indi- vidual to obey, and of every Court to enforce ol)cdience. It beffins by enactingr, that when war is dcclai'ed, or in- vasion by a foreign nation perpetrated, attempted, or thea- tened, and the President of the United States, sliall have made public proclamation of the event " all natives, citizens, '' denizens, or subjects, of the hostile nation, or (Jovernment, <' being males of the age of fourteen years and upwards, w ho " shall be within the United States, and not actually natura- << lizi'd, shall be liable to be apprehended, restrained, secured *« and removed as Alien Enemies." Here is a broad proposi- tion, standing as a foundation, for isummary proceedings, against persons, who are declared to be in the situation of Alien Enemies. I do not consider, as has been contended by Mr. J>oc/v'm^f om's counsel, that the apprehending, restrainingf and scc.tu'ing, here mentioned, are to be intended solely for the purpose ot'remoTal out of ilie United States. It is a provision for the public safety ; which may require, that the Alien should not be remored, but kept in the country under proper restraints; and the nature and degree of these restraints, in cases where there has been no tnisbeliaviour, may depend, in some measure, on the treatment, wliich tlie hostile Govern- ment gives to citizens of tlie United States, who may chance to be within its power. The Act, then proceeds to declare, that " the President of tlie United States shall be authorised, ** in any event as aforesaid, by his Proclamation thereof, or *' other public Act, to direct the conduct to be observed on *' (he part of the United States, towards the Alieas, who shall C 41 1 «• hecoir.c liahlc as aforessdd ; tlie manner ?.nd degree of tlie *• resfraiiit, to whitih they shall be subject ; and in what eases *' and upon what seenrity, their residence shall be permitted ; " and to provide for the removal of those, "vvho, not being *• pcrmitied to reside within the United States, shall refuse, " or neglect, to depaj-t therefrom ; and to establish any other " regulations, whieli shall be found necessary in the premi- " ses, and for the public safety.'* Then follows a proviso, for securing tlie observance of treaties, which is not material in this case; because, at the time of the declaration of war, there was no treaty, regulating the subject, in existence, be- tween the United States and Great Britain. In the second section of the Act it is enacted. " That after any proclamation shall be made as afore- « said, it shall be tJje duty of the several Courts of the Uni- "ted States, and of each State, having criminal jurisdiction, «' and of the several Judges and Justices of the Courts of the " United States, and they shall be, and are hereby respective- <* ly, authorised upon complaint, against any Alien Enemy, or «< Alien Enemies, as aforesaid, who shall be resident and at "large within such jurisdiction or district, to the danger of « the public peace or safety, and contrary to the tenor or in- <' tent of such Proclamation, or other regulations which the " President of the United States shall and may establish i» <* the premises, to cause such Alien or Aliens to be duly ap- " prehended and convened before such Court, Judge or Jus- ** tiee ; and after a full examination and hearing on such « complaint, and sufficient cause therefor appearing, shall and « may order such Alien or Aliens, to be removed out of the « territory of the United States, or to give sureties of their ♦< good behaviour, or to be otherwise restrained, conformably ** to the Proclamation or regulations which shall and may be " established as aforesaid, and may imprison, or otherwise <« secure such Alien or Aliens, until the order which shall "and may be made, as aforesaid, shall be performed." It cannot be doubted, but that the provision in the first section, considered without reference to the second, authori- F [ 4'-2 3 ses the President (o establish a regtihimation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be ap- prehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby authorised, in any event, as aforesaid, by his pro- clamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid ; the mm- iier and degree of the restraint to which they shall be subject, and in what cases, and up- on what security their residejice shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or ne- glect to depart therefrom ; and to establish any other regulations, which shall be found necessary in the premises and for the public safety : Provided, That aliens resident with- in the United States, who shall become liable as enemies, in the manner aforesaid, and who shall be not chargeable with actual hostility, or other crime against the public safety, sjiall be allowed for the discovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens or subjects : and where no such treaty shall hfive existed, the President of the United States may ascertain and declare such reasona- ble time as may be consistent v/ith the public safety, and according to the dictates of hu- manity and national hospitality. Sect. 2. jind be it father enacted, That after any proclamation shill be made as afor;^- said, it shall be the duty of the several courts of the United States, and of each State, having criminal jnrisdiction, and of the several Judges and Justices of the Courts of the United States, and they shall be, and are hereby respectively, authorised upon complaint, against any alien enemy, or alien enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the publJz peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President of the United States shall and nuy establish in the premises, to cause such alien or aliens to be Hi duly apprehended and convened before such Court, Tudgeor Justice ; and after a full ex- amination and hearing on such complaint, and sufficient cause therefor appearing, shall and may order such alien, or aliens, to be removed out of the Territory of the United States, or to give sureties of their good behiviour, or to be otherwise restrained, confor- mably to the proclamation or regulations which shall and may he established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be performed. Sect, 3. Jnd be it further enacted. That it shall be the duty of the Marshal of the district in which any alien enemy shall be apprehended, who by the President of the Unit- ed States, or by order of any Court, Judge, or Justice, as aforesaid, shall be required to depart, and to be removed, as aforesaid, to provide therefor, and to execute such order, by himself or his deputy, or other discreet person or persons, to be employed by him, by causing a removal of such alien out of the Territory of the United States : and for such removal, the Marshal shall have the warrant of the President of the United States, or of the Court, Judge, or Justice ordering the same, as the case may be. JONATHAN DAYTON. Speaker of the Home of Representatives. THEODORE SEDGWICK, President of the Senate, pro tempore. Approved, July s, 1798 : JOHN ADAMS, President of tlie United States. No. 4. AN ACT ^nppletnentary to the act, entitled "An Act respecting alien enemiei." Be it enacted by the Senate and House of Representatives of the United States of Amt' 'ica in Congress assembled, That nothing in the pi-oviso contained in the act, entitled " Aa act respecting alien enemies," approved on the sixth day of July, one thousand sevcB hundred and ninety-eight, shall be extended or construed to extend to any treaty, or to any article of any treaty, which shall have expired, or which shall not be in force, «t th» time when the Proclajuation of the I^rasident shall issue. H. CLAY, Speaker of the House of Representatives. WM. H. CRAWFORD, President of the Senate pro temptrt, July 6, 1812 . Approved. JAMES MADISON. No. 5. AN ACT 'fo prohibit American vessels from proceeding to or trading 'with the enemies of the Vniiei States and for other purposes. (Passed the 6th of July, 1812. 11 vol. 299.) Sect. 6, And be it further enacted. That the President of the United States be, and he is hereby, authorised to give, at any time within six months after the passage of thi» act, passports for the safe transportation of any ship, or other property, belonging to Bri" tish subjects, and which is now within the limits of the United States. No. 6. [Notice published in " The Democratic Press/' of the 10th of July, 1812.] Department of State, July 7th, 1813. NOTICE. All British subjects within the United States, are required forthwith to report to the marshals (or to the persons to be appointed by them) of the respective states or territo^ IV iries •within which they may reside, their names, their age, the time they have been in the United States, the persons composing their families, the places of their risdfnc;. .^iid their occupations or pursuits, and whether, and at what time, they h^ve made the apv'ica- tion to the courts required by law, as preparatory to their naturalization ; and the mir- shals, respectively, are to make to tlie Department of Slate returns of all such British subjects, with the above circumstances annexed to their names. No. 7. [Notice published in "The Democratic Press," of the 22u October, 1812.] United States, •> ?cnnsylvania District, 3 Marshal's Office, 10th 'July, 1812, In obedience to the instructions from the Department of State, NOTICE IS HEREBY GIVEN, That all British subjects, residing within the district of Pennsylvania, are required forthwith to report themselves to me, at my office, in the city of Philadelphia, or to one of the persons in the annexed schedule, ni.irked (A) by me duly appointed, in the toun- ties of Pennsylvania respectively to receive such report. Although it is presumed, by the government of the United States, that all British s--bjects will act with propriety, and obey the laws which relate to them, as alien enemies ; yet, it is rendered my duty, if any of them should disappoint this reasonable expectation, or should neglect to make the re- port above specified, to communicate the same to the Department of State, that the Pre- sident may be enabled to act as the circumstances of the case shall require, and that full information may be possessed, upon the important subject of this notice. JOHN SMITH, Marshal. (A.) ■WiHiam B. Irish, Pittsburgh, Allegheny County. James Weston, Erie, Erie County. David Reilly, Bedford, Bedford County. ■Hichard Parker, Carlisle, Cumberland County. Edward Davis, Chuichtown, Lancaster County, Thomas Burnside, Bellefonte, Centre County. Josiah Wright, Wilkesbarre, Luzerne County. Isaac Lyman, Coudersport, in the County of Potter. Arnold Hunter, Smithport, in the county of M'Kean. James M'Cluney, Washington, Washington County. Samuel Jack, Greensburg, Westmoreland County. George Manypenny, Union Town, Fayette County. Henry Donnel, Williamsport, Lycoming County. John Hetrick. Chambersburg, Franklin County. Matthew Ridgeway, Milford, Wayne County. George Marks, Reading, Berks County, General Abraham Horn, Easton, Northampton County. Rees Lloyd, Cambria, Cambria County. Having received additional instructions from the Department of State, and having well-grounded reason to believe that there are a number of Alien Enemies (British sub- jects) who have neglected to conform to the foregoing orders, particularly a number who have arrived since the declaration of war, I have to request the assistance of all the citizens of this district to be aiding and enforcing the laws in the premises, by giving ^ iiif'orni:4tioii to tilts office, or the persons appointed by me, of all British subjects, residing in their respective neighbourhoods. JOHN SMITH, Manhal. Marshal'i Oficc, rhiladelphia, Oct. 22, 1812. No. 8. [Notice published in " The Democratic Pres?," of the 11th of February, 1813.] NOTICE. Department of State, Feb. 6, 1813. Alien enemies arriving within the limits of the United States, from foreign countries, are, immediately on their arrival, to report themselves to the marshal of the United States, or to his deputy for the district within which they may be landed. No alien enemy can here ifter proceed from a port or place within one district of the United States, to a port or place within another district of tht: same, by land or water, without a special passport from the marshal or from the collector of the customs, as the c;ise may be. Alien enemies, permitted to travel from one district of the United States to another district thereof, are forthwith, on their arrival, to report themselves to the marshal, to whom they are to exhibit their passports. The imrshals and the collectors of the customs of the several districts of the United States, are particularly charged with the execution of the provisions of this notification. No. g. [Notice published in " The Democratic Press," of the 3d of March, 1813.] NOTICE. Department of State, Feb. 23, 1813. Alien enemies, residing or being within forty miles of tide water, are required forth- ■' j with to apply to the marshals of the states or territories in which they respectively are, p>i for passports to retire to such places, beyond that distance from tide water, as mny be ' designated by the marshals. This regulation, however, is not to be put iu force without special notice against such alien enemies, not engaged in commerce, as were settled pre- viously to the declaration of war in their present abode, or are there pursuing some re- gular and lawful occupation, unconnected with commerce, and who obtain, monthly, from the marshal of the district in which they reside, permission to remain where they are. No. 10. [Notice published in " The Democratic Press,*' of the 19th of July, 1813.] RESPECTING ALIENS. Circular to the Marshals of the United States. Office of the Commissary GeneraUof Prisoners, IVashington, May 31, 1813. Sir, The President, desirous of defining more particularly the treatment of Alien Ene- mies, and of extending as much indulgence to them, as may be compatible with the pre- cautions made necessary by the present state of things, directs, that, in regard to such af 1 ■may be within your district, you will be governed by the following rules : ' You will cause to be removed, as heretofore prescribed, if not already done, under former orders from the Department of State, all who are not females, or under eighteeii years of age, or who are not labourers, mechanics, or manufacturers, arrived in the coun- try previous to the declaration of war, and actually employed in their several vocations, sttbject, however, to the following modiiication : 3 VI Persoiis> of wlntever calling, except in cases where you may have knowledge of improper conduct, who have, according to law, declared their intention to become citi- zens of the United States, at least six months before ttie declaration of war, and in ad- dition, are married to natives, or are owners of real property, or, if in commerce, in sach commerce as is exclusively internal, are to be permitted to remain at, or, if removed, to return to, their usual places of resideiioe ; provided such residence be not at or in the iiTimediate vicinity of a town or post on navigable water, where military works are inaiiit^iined, or a body of troops are stationed. You will take cai-e to call for and be governed by proper proofs of the facts alled^ed in each case ; and as to all persons so permitted to return, you are requested to observe she same jireeautions aad restrictions as are used towards alien enemies not removed ; and you are not to construe the relaxation hereby authorised as any bar to a future re* nioval or apprehension of persons relieved by it, should general circumstances require oi particular cases make necessary such a measure. You will make to tills office weekly returns of all the cases coming to your know- kdge of persons, of the class designated to remain, or to return, who by misconduct have forfeited their claim to such indulgeuce', and of the course you have taken as to each: as also of the persons of the class removed, or designated to be removed, who, from extraordinary circumstances of hardship, and from their character and deportment may, in your opinion, be entitled to particular consideration, setting forth all the clr- i-umstances on which each claim is founded. I have the honour to be, S:c. J. MASON. No. i:. i.XTRACTS FROM THE OFFICIAL INSTRUCTIONS OF THE MARSH.ALii. 1. From the Secretary of State, llth July, 1812. The Secretary refers to the Notice of the 7th of July, 1812, issued from the Department of State, requiring Alien Enemies to rtporc themselves to the Marshals; and then proceeds as follows:— "As all British sub- " jects, by becoming Alien Enemies, have essentially changed their relation to the United " States, and have new duties to perform, it is proper that th?y should be made ac- '•■ quainted with these duties. To give them the requisite information, you are requested " to cause the laws, which relate to the subject to be published forthwith, in the several " gazettes, which publish the laws of the United States in your state. In like manner ■' you will give public notice of the persons whom you may appoint to assist you, in tak- ••" ing the reports to be made to you. Although it is presumed, that all the British sub- '■ jects will act with propriety, and obey the law, which relates to them, as alien enemies, " yet should any of them disappoint this reasonable expectation, it v/ill be your duty to i' make an early and special report of the improper conduct of such person to this Depart- " inent, that the President may be enabled to diuharge the duty imposed ok him, under such " circumstances. Should any of them fail to report themselves, you will, also, on being «• apprised thereof, communicate the same to this Department, as such omission will be " evidence of great misconduct in the party." 2. From the Secretary of State, 13th of October, 1812.— "In case of the arrival ot •'■ Alien Enemies within your District from abroad, you are to take measures, to cause " them to report themselves to you; and to designate for them particular places of resi- "dence, at least thirty miles distant from tide-water, to the limits of which designatipj| " they are to be confined." 3. From fhe Secretary of State, 29th of October, 1312.—" In answer to your letter of " the 22d instant, relative to the meaning of that part of your instructions of the 33tb ol Vll •• this month, concerning the aiTitral ol Alien Knemies within your District from abroad, " r hnve to inform you, that you have very accur:.tely construed the intentions if the go " vernmcnt, in extending it to all arrivals of persons of that description, subsequent to " the war." 4. From ihe Secretary cf State, 6th February, 1813.—" You are requested not to per- •' mit Alien Knemies, in future, to proceed from any city, town, or place, within your " district, to another city, town, or place, of the United States, by land, unless you are " acquainted with the nature of rhcir pursuits, know them to have a reputation for pro " bity, and can con/ide in their good intentions towards the United States. Each indivi- " dual of this description, who has previously reported himself to you, and whom you " ifnay authorise to depart, is to be furnished with a passport, printed forms of which I " now transmit to you, to be used for that purpose. On application of any Alien Enemy, (for a certificate, that ha has previously and duly reported Ijiraself to you, you are to /' give him one, for the information of the collector of the customs, who is, also, i.i, • structed on this head, with regard to Alien enemies proceeding by water." 5. From the Secretary of Slate, 23d of Febi uary, 1813.—" You will herewith receive <• a copy of a printed notice, to Alien Enemies, issued from ihe Department of State tliis " day. As it sufficiently explains its object, it is only necessary to remirk, that all " t)ii/ie, to luhum it lias reference, engaged in commerce, ■wh.o do not immediately ci.nfcrm to " the requiiition, are to be taken into custody, and conveyed to the place aaigned to them, •' unless special circumstances require indulgence. In such cases, reports are to be made •' to this Department : And that all those of other occupations, whom it may not be •' deemed proper, to suffer to remain within the prescribed distance of tide-water, be " immediately notified to repair to the interior of the country, to which they are en« " joined to confine themselves- This letter is accompanied by two kinds of blank pass " ports, correspontUng with the provisions of the notice, which you will fill up and sign»- " agreeably to the tenor of each-" j 6. From the Secretary of State, 12th of March, 1813.— "The regulations concerning -^' i, " Aliens, established in conformity with the Notice from this Department of the 23d ult. " and your instructions of the same date, are to be enforced ; and the persons designated " for removal are immediately to repair to the places assigned them for residence. In " peculiar and extraordinary cases of hardship, and where the character and deportment " of the parties entitle them to particular consideration, you will refer the question of " indulgence to this Department, setting forth all the circumstances, on which the clain: " is foundtd. But in no instance is the removal cf the individual to be delayed for an an- " siuer from Washington. You will make an accurate report of the places of residence. " which you may assign to each Alien, with a description of his person." 7. Froiri the Secretary of Slate, 15th of April, 1813.-" flie President having appointed " Jfihn Mason, Esq. of Georgetoiun, in the District of Ctlumhia, Commissary General for " I'risonei-sof war, including the superinlendanry of Alien Enemies, you are requested, in " future, to address all letters and documents, on those subjects, to that gentleman ; and " to obey all instructions from him, in relation to the same, unless otherwise directed '• from this department." 8. Prom the Commissary General of Prisoners. fi.c,3lit of May; 1813. A circular Ist- .« ter of instructions, respecting alien enemies, inserted in this Appendix, Article 10- 9. From the Commissary General of Prisoners, &c. 19th August, 1813. " It by no " means follows, that, because an Alien Enemy is more distant from the navigable waters. '■ than the line, drawn by the general Instructions from the Department of State, beyond ' which to remove persons of that description, by v/ay of precaution ; that he is to be " permitted to remain, under reprehensible conduct, undisturbed. In the ease of an Alien i ^ \ Vlil " Enemy, who shsU so fi-r abuse the indulfenffe and h.">5pitilify of t'oe Courtry,iri time lui " war with his nation, is f o declare his ndhf-rence to the enemy, anri disposition to suppet t "their Interest, or who shall uttempl to distrast the confidetict reposed in their govern- " ment, by our citiiens: you '-'.'iU, finttaking cJis to estabJss'i th: fact, place him imm!.di- " ately in close ccnfinemcnt." lO. FrOmJ/i? Commiisary Gensral of Prisoners, &c. i2th Novembeiv 1813. " It having " been'found; that the lenity shown to Alien JB'nenues, remaining in the country, has •' been frequently abused by ih.il class, to whom a residence remote from tide water has •' been assigned; and that some have gone off, cUndestintly, to the enemy ; it has bjcn "determined, to guar^' against Si^oh nbuses, in future, by rf quiring an honorable eng'i.^e- " ment, from all sach persons, to be of gor.d co.iducr, and to observe the llmUs presciibs d "to them. You are, therefoie, ir.struottd, A> orier of the rrssident, with the least possible "delay, after the receipt of this !fct:,;r, to offer for execiitiLr;, to every Alien Enemy •within your district, who has been, or may be heireafter, removed • om t'le vi:init-y (.A' •'■tide-water, a parole of honor, in iht form inclobed ; and, if refused, /' pla :f fxery pf - "sun so refusing, -ujith'/ut distinction, finliiuitlt, in dust cun^ir.smint. Since this cisiiUij., '^' when understood, be considered a haish meisure, by any, but those of evil de.':ign, 'ou. •'are rtiiuested to explaiti, to all concerned, why it has become He;ssiavy, ' Form of the P.ii'olc. "^VHEREAS, I 3" Alien and a British su,>;-c.', described at the foot hereof, h->ve been dlrectsd 'y »h? r.- :;ident cf the United Ststesof Amcr:-a. to rep-ijr to a certain dist,*nce from t'.Je water ; and the Marshal of the district of has heretofore granted me a passport to proceed to witkin the district aforesaid ; and leave as been gi a'.-ed n c to reside in aforf.r -id, and to go from time to t'Kio, at my own discretion, to a distance therefrom not exceeU i; five mi es, upon coii- fiition that I give my parole of honor, not to witlidraw from the 'lounds o prescribed, ■without leave for that purpose from the said Marshal ; that I will beh-ve wi h due respect ♦o the laws aud authorities of this country ; and also, that I will not, dinctly or indi- rectly, carry on a eonespondence -with any of the enemies of the Unite ^ ; rates, or re- ceive, or write any letter or letters to or from any Alien Enemy whomsoever, but through the hinds of the said Marshal, in oid-jr that they may be read and approved by hini : I do hereby declare that I have given my parole of honor accordingly, andthil 1 will kev^' it inviolably. 11. From the Commissary General of Prisoners, &c, 12th of November, 1813 « fhe "cTurse ym have taken, as to Charles Lockington, is entirely correct. The re;ulations of "ifu Government must be enforced; and, if rigour i^made necessary by the conattct of « persons, who have constantly experienced only mildness, at its hands, rigoir mcst he •• ti-sed. It will he proper to offer to Mr. Lockington, the alternative cf the P;Tole, thii- « day forwarded to you ; and if he does not accept it, to hold him in cjrtfir.ement* 12. From the Commissary General of Prisoners, &c. i7th of November, 1813. " With rcfe- «»rence to the Circular Letter addressed to you from this office, on the 12th insi. relative " to the treatment of AH%n Enemies (to which your particular and i.-nmediate attention "is requested) you will be pleased to understand, that no person, who is impris-^ned, ur.- ••d«r the order conveyed in that letter, is to be liberated, and admitted to parol,-, bat bj' "special order from this office." • l-his letter was received by the Marsha, during the discussion on the Haifas C^r- puu and tile Parole publicly tendered to Mr. Lockington. Mr. Hare, his Counsel, ceclined acceyting it ; but he said that his CUent, if permitted, would leave the Vniied St-tet- LBJa'21 3 i n