The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-02-26

The Chrsnssyp~ asd Hsab<ss GssPas.
Our friend Of the Boston ChronotyPe IN the
course of some comments upon paragraph Of
ours, about the constitutional incapacity Of Con-
gress TO abolish slavery in the States or author
ize it, in the territories, addresses Us thus:
But we have question for the Examiner
In the ninth Section Of the first article Of the
Constitution Of the United States. we read
"The privileges Of the writ Of hsbeas corpus
shall not be suspended, unless when, in cases OF
rebellion or INVASION the public safety may re-
quire it,
Now, we would like to have the Examiner |
tell what are ths privileges Of the writ OF hs-
bsas corpus, and whether, IL it be not suspended
in relation to the slaves, they cannot every one
Of them, gain their liberty under il.
We will endeavor TO satisfy the Chronotype'
The writ Of ha6ess corpus is nothing more or
less than precept of the sovereign power, re-
curing the production Of a person alledged to
be illegally deprived Of liberty, before some COM
petent Judicial authority. that the cause Of de-
tention may be enquired into, and the party re-
s,rained, discharged, or remanded to custody, as
such cause shall be found insufficient in law. or
otherwise.
L
to every person, BY whom, or in whose behalf,
proper representation is made TO the proper au-
thority, that he is legally deprived of liberty, to
have the writ issued, and executed, and his case
examined, and determined, under it, according to
} law.
The proceedings under the writ are summa-
ry and it is Of great value as a remedy in cases
Of arbitrary and Illegal restraint. II confers.
however, no right Of personal liberty, but mere
, | y secures that right against unlawful force
7 By the clause Of the Constitution cited by the
ChrOnotype, the Federal Government is forbid
den to deprive the people Of the benefits of this
4 writ. except in certain specified cases. On the
other hand, the Federal Government is neither
: required nor authorized, by that clause, or any
other, to provide 70, the issuing of the writ to
q deliver persons from restraint under State laws
II unless the restraint be in cOntravention Of the
: Constitution, or constitutional laws, Of the U nj
D ted States. Unless, then, il can be shown tina
i the State laws which authorize slavery, are IN
/ constitutional, slaves, in the States, not en-
:. titled 10 the benefits Of the writ of Asbeas cor
n pus under federal authority. II follows tina
slaves, held under State laws, cannot gain thei
II liberty under the hgbeas corpus provision Of tn
- Constitution.
IS Much less is slavery, in the State, virtually
ID abolished by that clause. Slavery in the State
~ is the creature of State law The writ of Aabes
AZ corpus will deliver no person from lawful re
re straint; though that restraint Be slavery.
he prohibition, then, upon the General Govern
ie ment against the suspension Of the writ, eannc
affect slavery in the State one way or the Othel
n directly or indirectly.
40 We have thus answered the question Of GU
:, friend of the ChrOnOtype. One word farther.
90 Many insist that slavery in the States is re
ar pugnant to the Constitution Of the Union. W
be think no such position can be maintained, el
"a cePt by construction constrained, that Ii
nd common sense Of unbiased men, will, We fea
sst never acquiesce in it;-by construction Oar
nd gerous, also, that, il it were once received,
~ would, in our view, annihilate the rights OF Il
tly States, and convert our federal system into
OF consolidated government.
n Nothing, we aPPrehend, is gained to the eau
Of freedom, by insisting position doub
he ful--not TO say, so untenabe. We have grouI
eu' enough to stand upon, in the conflict with 81
hu very, without resorting TO that.
me Denying TO the Federal Government all pow
I've to create sanction slavery in territories, ortl
ao' seas; insisting that it shall remove every ira
'u- Of slavery from every place under the exelusi
IT, jurisdiction Of the nation; and urging upon Sta
ass Governments, and the people Of the States,
INC take measures for the certain aud final extin
ton Of slavery within State limits-we need 7
sort, as it seems to US, only TO maxims Of int
81, probation, principles Of construction, and top
80 of argument, which will commend themselves
81 the approval of the candid, and carry convieti
ma to the Understandings Of the intelligent The
is rOOm enough here for all 10 work with dire
49, practical effect Upon this ground, we woV
have all lovers Of freedom banded in council, a
- labOring together.
II, however, some choose to toll elsewhe
,oa, and upon positions which seem to US less pro
ising, we have no coldness or censures, but OF
good wishes and warm regards for them.
;. we ask for, is, like fOrbearanee and sympathy