James Madison Broom: Habeas Corpus circa 1807
James Madison Broom was a Federalist Congressman from Delaware, 1805-1807. This was during Jefferson’s 2nd term as President, and there was concern that Spain was moving to take New Orleans by force. While this was occurring it was discovered that Aaron Burr had been making plans to revolt against America, and make the Louisiana Purchase a new empiric frontier. The Senate passed a bill to suspend habeas corpus for three months and then sent the bill over to the house, proposing that the deliberations on it be done in secret. That was objected to, and the bill to suspend habeas corpus ended up being resoundingly defeated.
(see footnote 6 of Justice Joseph Story: Commentary on Habeas Corpus)
James Madison Broom proposed a bill to codify habeas corpus as an unassailable right. After much deliberation, his bill was tabled without a vote. Here is an excerpt of James Madison Broom’s speech on the House Floor, February 17, 1807 (emphasis mine):
Resolved, That it is expedient to make further provision, by law, for securing the privilege of the writ of habeas corpus, to persons in custody, under, or by color of, the authority of the United States.
Mr. Broom addressed the House as follows:
Mr. Speaker: It will be recollected by the House that I had the honor of submitting a resolution to make further provision by law for securing the privilege of the writ of habeas corpus to persons in custody, under or by color of the authority of the United States. It was then my wish that it should lie upon the table, in order that members might have an opportunity of considering the subject; being fully persuaded that the more it was considered the more evident would the importance of it appear. As it now becomes my duty to call the attention of the House to the subject, I shall move that the resolution be referred to a Committee of the whole House, and I should not offer a single observation in support of this motion, but for the doubts which have been suggested by several members, of the necessity and propriety of legislative interposition at this time. I trust therefore that I shall be indulged in pointing out the necessity and importance of the provision which it is contemplated to make. I am sensible that this subject is not familiar to the majority of this House; for, until now, no circumstance has occurred in this country which could make us duly appreciate the value of the privilege of the writ of habeas corpus. In ordinary times, the laws which already exist may be sufficient, for in such times there is no temptation to transgress the limits of constitutional or legal privileges; but in times of turbulence and commotion, the mere formal recognition of rights will afford too feeble a barrier against the inflamed passions of men in power, whether excited by an intemperate zeal for the supposed welfare of the country, or by the detestable motives of party rancor or individual oppression.
Congressman James Madison Broom, House of Representatives, February 17, 1807.
Source: The Debates and Proceedings in the Congress of the United States; Ninth Congress, Second Session; Gales and Seaton, 1852; p 502
