Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1844-12-11
Decision of Judge Thacher.
STATE OF MISSISSIPPI, !
HINDs COUNTY.
Er Parte WALTER Hickey.

En- PdTte WALTER HICKEY.
This is an application for discharge
under the writ of Habeas Corpus ad sub
jiciendum.
The facts Of the case are in brief as
\ follows The petitioner. as editor of a
public journal, called the Vicksburg SEN
tinel and Expositor, published an article
in his paper rejecting upon the Judicial
conduct of the Judge OF the circuit court
of Warren county, pending capital trial.
An attachment for contempt was issued
against him, and upon interrogatories ad-
4 dressed and answered, the petitioner was,
N by the court, ordered to be imprisoned for
the term of five months, fined fve-hun-
{ dred dollars, and remain in custody until
the fine was paid. The petitioner then
prayed the executive clemency, which was
Y extended to him to the amount of botl.sss'o
and Imprisonment, by virtue Of which he
! was discharged from custody by the She.
riff of Warren county. Subsequently to
this discharge, the circuit court OF said
county issued its bench warrant for the ar
rest of the petitioner, as an escaped priso.
ner, by virtue whereof he is now arrested
and detained. This writ is sued out by
him for his liberty.
Upon the threshold of this investiga-
ton, counsel have suggested doubt of
the power of single judge of the High
Court of Errors and Appeals to issue and
act under this writ. To resolve this, we
must ascertain what was the writ at COM
mon law, and what il is under the consti-
tuition, statutes and common law of this
State. Personal liberty, by the laws of
England, was considered strictly natural
right, and not TO be abridged without suf-
fcient cause, nor al the mere discretion OF
the magistrate without the explicit permits
sion OF the laws. Magma Charta declares
THAT no freeman shall be taken or mprl-
soned, but by the lawful judgment OF his
equals, or by the law of the land. Mag.
nc. C. 29.) When any person was re-
strained Of his liberty, by order or decree
of any illegal court, or by the command
5of the Kings ajesty in person, or by
warrant of the council board, or of any of
Sthe privy council, he was entitled, on de-
mand, to the writ of habeas corpus, to
have judgment upon the justice of his
commitment. English writers in com
q mentng upon the British constitution, ex-
press themselves in the warmest terms up
on what is in that country called "the
subjects writ of right" "Of great i'm
portance," they say, "to the public is the
preservation of this personal liberty, for if
once it were left in the power of any, the
highest magistrate to imprison arbitrarily,
Whenever he or his officers thought pro-
per, there would soon be an end of all
pther rights and immunities. Personal
liberty ought not to be abridged in any
ease without special permission of lawl
nnd the glory OF the English law consist
h clearly defining the times, the cause,
md the extent, when, wherefore, and IN
y hat degree, the Imprisonment Of the sib-
ject may be lawful. Nevertheless, shifts
and devices, not very creditable toshe
Judges Of the times, we're made use 9 TO
y secure to the King the power to commit
~ his special command, and otherswere
reed into practice, which from tine to
'me have been checked by parliamentary
enactments.' Toni. L. d. it'll Hab.
4 or. Sir w. Blackstone has said, shat the
prncipal aim of society is to proect in
dlvduals in The enjoyment of thor abso-
Nc rights which we're invested FIN them
by the immuiable laws Of nasre, and
hence 1t follows, that the frs ag primary
vi Of human laws is 10 mainnjhnd reg