Ypsilanti sentinel. [volume] (Ypsilanti, Washtenaw Co., Mich.) 1843-1900, 1844-03-20

cPd that there The friends par excellence
of the General would spurn your bill If
placed upon such ground. But it is
sentence of condemnation passed by you
on the conduct ola Judge, by reason of
transactions that occurred some thirty
years ago against high judicial officer
who has never been heard here in his de-
fence, but who long since has been
gathered to his fathers? Sir, the Con-
gress of United States can take cogni-
zauce of no such case. Where, then. do
you find your authority 10 pass such a
law? Under what head of your enumer-
ated powers do you class il? And. after
all. sir. is it not essentially and in fact
judicial reriPu-a reversal upon error of
the Judgment of a court of the q. Statesi
What one Of all your citizens will look at
this law in your statute book and come
to any other conclusion Were not all
The same circumstances. which form the
same basis ofyour opinion, likewise be-
fore the Judge, and did they not consti-
tute the elements of his! / am not, sir.
disposed 10 be hyperc,itical in matters of
strict construction, but | think may ask
where, in all the provisions of yonr Con-
sttution, is there to be found vested in
the Congress of the United States, acting
in its Legislative capacity, any such Judi
cial power Z"
There remains, sir, one other consider.
alton, which ask leave TO present: The
trainers of this Constitution of ours mani
testify intended to lay down their work.
to establish there, great and leading prin-
ciples only, that they might serve as guides
and landmarks for future Legislation, lea.
wing all matters of detail TO the discretion
of that legislative power which they cre-
a,ed. But there is one marked excep>
ton to that general purpose. There is one
matter Of detail which they thought of
importance enough to justify and to re-
quire more, precise and detailed nrovi
sions. and The imbedding of those details
in the very structure of the Constitution.
They knew the importance, they fully
appreciated the value, ofthe right of per-
sonal liberty and personal security. They
knew to what perils-especially in times
Of war or of great public commo,ions---
that right was exposed. They also knew
that of all the contrivances ever invented
by the wit Of man for the protection of
that great right, there had never been
found any so eficacious. connected with
trial by jury, as the writ of habeas corpus
"a writ which opened the door of every
prison. and whose talismanic influence no
tower, nor dungeon, nor Bastile, could
successfully resist. They therefore qua
raniied 10 every citizen, and placed that
guaranty prominently in their organic
law, the inestimable right to avail HIM
self of that high prerogative and consti-
tutional writ: nor is it permitted even TO
this, the highest of all the great depart
ments of Government, to suspend for a
moment the benefit Of that great writ, ex
ccpt in the cases and under the restric-
lions particularly set forth in the Consti-
tuition. Following out this noble concep-
ton, at very early period in our history
the Congress of the United States, by ex-
press legislative provision, made it the
imperative duty of every Uuited States
Judge, upon proper requisition. allcdys to
issue that writ Meier to deny il. This
duty was then enforced by heavy pecu-
mary penalty. by his oath. of Office. and by
tie Constitution itself. In like manner,
the people of every State, | believe. have
imbodied in their respective State Consti-
tutions similar provisions. Look then,
sir, for moment at the condition ofthiDgs
as they existed when this decision, so
much aniniadverted upon, was rendered.
The Congress of the United States had
refused to suspend the writ of habeas cor
Pus; the Legislature of the sovereign
State Of Louisiana had refused TO suspend
The writ of habeas corpus : a city, in
paroxysm Of JOY and gratitude at its re-
cert and signal deliverance an army,
full of exultation and pride. and of conf
dence in its conquering chef; and that
chief, posing himself in triumph upon the
new and adulatory honors that were
thickening and heaping all about him. is
seduced, in the iutoxication ofthe moment;
TO forget that he Uas not a Roman Dicta-
tor. He throws into letters free citt.
zen of the State and Of the Uunited States,
an honored member of the Legislature
of that sovereign State. A sworn and an
honored lodge CT United States court
is then called upon, in the name of the U.
States, TO issue that writ. As he respects
the law, as he values his oath, as he
would obey the Constitution of his conn'
try, he Must issue the did issue it.--
That high emblem of Constitutional pow
er is trampeled under foot by your impas-
stoned General and that Judge who has
dared 10 do his duty, aud to issue it, is
himself sent ANONYMOUSLY aid in chains
into exile. And now you are required
to blot out this whole page from your
counirv's history. No. sir, it is worse
than that What. what is the lesson such
an act will teach