Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-03-13
rwHott No { 1o7l

n Invasion she public safsty mishs re-
Acting under the immediate inauence
ofthis injunction, they mnst have felt.
with peculiar force, de oblisation Of
Providing elkcient menns 81 which this,
great ronstitutionai privilege shouid re-
ceive life md activity fDs i the means
be- not il existenoe, the privilege itself
would Be lost, although no laH. Tor Id
suspension should Be enacted. Under
the impression nf lilis ohiigation they
give. 20 Ill the. courts. the power of
8warNing writs ofhaheas rp9pus. MI 80. .5-s
L ]. has been truly said that this Is 1 ne.
n<fis1est6 and inelad<s eees, rpesiics &c
that writ To THE il. may Be added that
when used sinsly --whenswe NV ne wrie
81 habeds eosfhs. without addition--we
most generally mean that greatwtit which
Il now applied for and il that sense Il
10 used IN the constitution. !. 49, L.
:; The section proceeds 10 say that.s ei.
Their Of the justices ofthes supreme court,
rs well as jndgesof the d,suict courts,
shall have power % grant wtits ofhabeas
corpus otihe purpose of ah epquiry into
he cause Of connhitment.p Z Ns agrs
Ithas been argued that consress could
never intend 70 give power Of the kind.
to one Of the judges Of this court which
is refused 70 ~ ot them when assemhled.
There b certainly much force il ehis
argument, and il receiyes additional
strength from the consideraGon tltat e
the poveR;be depisa 4ait liiks 4ercasft ieeourt.
Il II denied 20 eSery other court Of the
Us. the right 70 grant this. important
writ Is given, il this sentence, b every
Judge Of the circuit, or diserict eoust.
but can neither Be- esencised By the cir.
emit nor distriet. court. 4 Il would 81
strangcif the Judge, sittineon die bench.
should Be able 20 hear motion for this
writ.where il might be- openly made,
and openly discussed, and might vet re-.
tire 20 his chamber and in private receive
and decide upon the motion. This II
not consistent with the genius Of our L..
gislation; ner with the cparss Of our ia.
disil prossedings Il would abe much
! more consbnans with both, rhafthebow.
er Of the Judge 1t his ehambess should be
suspended during HE term, then that il
should be exercised only 10 secret. ,s (
,. sWhateyer motives might induce he
!, legisiafuIe 70 withhold from tie supreiha
court the power to award The great writ
ofhabess corpus, there could be. none
!, which would induce them to withhold IL
/. from every court in theU s. and a il is
granted 10 al in the same seassnce andby
the same lrords, the sound constructiou,
/ wic,lh seem to be, that the 6rst sentence
vests tEis power in I'll the courts ,Sof sthc
US. but ~ those courts are NOT always
in session, the second sentences vests Il
in every justice or judge ofthe u. s. II
The doubt which has bee, raised Al.
this subject maybe further explained by
examining the charaetsg of .,she various
writs Of habsas .c6fp6is, md selectinc
thote tavhieh this general grant Of pow.
e. must be restrictsd, if taken in the
imitedsenssof being merely used 10 en-.
able The court 70 exercise its iurisdiction
u causes which Il Is enabled TO decide
fnally. 4stsEF %s Aesst ~ -
The various writs o habeas CORFU. 4
stated and accurately defined by Judge
Blackstone e b. Com. 1921 ate III.
The vrit ofhabeas corpus al Respondent
dunn when man hath Z cause Of action
against one ,whois con6ped hysthe pro.
cess Of some inferior cours ), in order to
remove the prisoner aud charge him with
this new actionin the court sb0se. - 80
This case may occur when party havs
ing eight 70 sue in this court as 4 state
at the time olthe passage Of this ACT, or
foreign minister) wishes stos iinstitute,a
suit against . person who 10 already con-
fined blythe process of m inferior court.
This eoa6aeneut NAV be either by the
process'of court OF the u. s. or. Of
state court. IL IL be in . court oeshs ". !.
S. this writ would be ,inapplicable, be.
cause perfectly useless, and oonsequens.
IL could not be conte mplated by the leo;aS