Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-17

tectuallv remedy, the defects of the coma
mon law provision On this subject Ey
that statute severe penalties were imposed
on Judges refusing 20 grant the writ q Ha4
beas Corpus and on all parties refusing to-
obey 1T. In most of the states, laws have
been made upon the principle Of the sta-
tute OF Charles, S SO far as they extend are
found to have the most LCncfCia! oficC; in
securing the privilege Of the writ, but they
( do not extend TO lnflIctiI penalties o.. udg-
/ es OF the courts or CffCcrs - the u > IF
the pri'i cge of the writ of habc,S corpus
/ be Important, * the iawsbe deceive. il is
surely our duty to apply the remedy. Of
IT'S Importance 1T is true We have had but
little experience in cur own country. In
EnglAnd, from whence VIC derive our know
ledge Of it, they have proved its value,
they have tried it and it has OF been found
wanting. In England this inestimab pri-
vilege has been for arcs the proud theme
iof eXuItation-theIe they wo1sh 'ppeo il as
a talsmanick wand which could un ar tho
! gates OF the strongest prison and dissolve
in an instant the tetter, of the captive. 1t
was to Engiishmen as a wall of fire by night
shielding them from the arbitrary sway of
tyrannic power. 1t is indeed The eat
palladium of that English civil liberty wh.ch
has exalted the English character. Ofthe
power and influence cf civil liberty upon
the happiness OF the people Of England we
need no stronger evidence than the SITUATE
on of surrounding nations where il was UNI
known. Let us SO back to less civilized
times and we shall see in these nations
men in the most abject state of society,
suffering oppression in every possible
shape-thcrc every private castle was a
secret and inviolable prison there the life
and liberty Of the most iluStrous as well
as The meancSt subject were alike the sport
OF the caprice of n tyrant Even the Petty
lordlng held as il were the shears OF fate.
and cut at pleasure the thread OF the life Of
his vassals-a letter de cachct could con-
fine the unhappy victim Of power for life
in the loathsome walls of 4 dungeon a in
spite OF the ties OF affection or blood, frienuSe
} must forget each other or share a common
fatc-the savage torturcs Of the inquisition
chilled the soul with horror, and the gloo-
my recess o,the sanctuaries of religion too
often bore witness to the diabo,ical temper
OF man when infamcd with passion and un-
| + strained by wholesome avs Such was
/ lie Cond., on other countries wnI.c the
| people Of England re TeposIng in scc.r.-
[ u under the protect II o. their civil N Il w
It!ons-ins ituIiCns which hid receive. ne
I sanction OF ages and were guarded bv The
religious veneratIon Of the reople The
right 10 pCrSonai liberty unless for the COM
! N isSion OF IA offence against law-The
| right tn know the accusation against them
and the right to he red by their peers
were al recognized by their Oh rtci S nd
which their rionarChs had sworn inviolably
to observe. These rights were not mere
| ly secured by parliamentary were IN
| corpOrated with the habits, manners, and
customs OF the people-they were handed
down fran father to son in trust for poste-
rity, and guarded as paternal inheritance
which could never be diminished with
! honor. The people were early taught TO
know them and TO consider it sacred du~
W to draw their swords in defence of them.
These fundamental rights OF EnglishmeD
have existed from their earliest ages
they were collected in body by Edgar the
SaXon-they were revised bv Edward the
confessor, and were ratified by William
the conqueror--they were recognized by
| Magma Charta and after the wars between
| Henry III. and his subjects, were confirm
ed by the statute of Marlborough and nee
yer afterwards questioned Rights thus
maintained, through all the ccnvuIsions of
England rights thus endeared to the ma
tion and cngraven on the hearts Of the
people, and which have walked hand IN
hand with them through the darkest PERI
obs Of their history, re Iuire no other proofs
of their Importance
|
may be- few moments reflection will sat-
isGy MS that without the writ Of Habeas
corpus they could avail but title. The pights
may exist as abstract = ghts, but the writ q
Eabeas Corpus offords the most important1
if not the only means Of executing them
I'm vain docs the law proclaim that no man
shall be imprisoned contrary TO law, If the
party imprisoned has no access to q trbu~
lual 90 decide the question Of legality. In
vain does the law IaCmisc ttIai by peers,
if the party imprisoned can have no access
70 q tribunal where he may demand such
, trial In short, without the writ Of hf beas
corpus, rights Of personal liberty, how eve
, solcmnlv proclaimed, would exist but I'm
name. This wit Of habC; s corpus is Gee
r val with the rights which II secures. i cX-
listed By the force Of common law, until the
subGeties Of Lawyers had nearly refhed il
away, when ii was aided by the statute Of
{ Charles, and has since been found fully a
{ dcquate 70 prolCce the desired effect
+. then, this privilege OF the writ # habea'
. corpus has been productive of the most sa
lutary effects in y gland, in guarding th
, liberty OF the subject, we have the strong
/. est proof which we can require Of its i'm
B. portdncc 60 us, except our ov 81 experience
o 1t is tGuc We live under q form OF govern
o mcnt where the sovereignty Is ackuCv ,cGg
Cd 20 belong 90 the people bot e. us ul