The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-25

n the Peace can make out the papers. or
The swiftest saddle-horse carry them before
the Judgesl!
+. writ Of habeas corpus is returned, or IN
"a which il shall be adjourned "shall Tor
oood cause shown CONTINUE the said cause
and shall make order for the safe.kee.plng
of the person imprisoned or detained as
the nature Of the case may require.
Same Vol, page At. Does this look like
rr;yate instantaneous decision! Who is
r. show causel If the prisoner is INDUCED
with a private hearing. he will want no
continuance; he is sure Of his discharge
Al ali events, or if he does want one, are
his private, CLOSING tales to be taken Tor
gospel truth, without examination or IN
vestipation, or opportunity for contradic.
ton bysthe opposite party9 What is the
meaning of a continuance unless there are
parties and struggle and opposition be-
tween those parties, and continuance is
intended TO allow them time to show forth
the truth? But it is waste OF time to argue
this question. In fact it seems too plain
for argument. The very idea Of aprlvate
one.sided decision is hateful. This stat
ute has other provisions which time forbids
me- to allude TO now. The following con-
illusions seem to arise both from the read
inc Of tho statute and from the common
sense and conscience Of mankind. When
a prisoner is in custody charged with
crime, the prosecuting attorney and prose-
cutting witnesses ought to have an oppor'
,unity to be heard. No Judge ought TO
take it for granted that those who put the
law in force have acted without the least
color or show of reason, and rush to his
rescue with indecent haste. Other cases
are Of a civil nature. Suppose prisoner
for debt asserts that he has no property ex-
cspt that which is, by law, exempt from ex-
ecution. An upright Judge, if applied to
for habeas corpus, would reflect "if this
mans story is true. he can be instantly
discharged by the commissioner OF lnsol'
vents, His Imprisonment is entirely vol
untary. He must have some private rea'
son for not taking the oath. l will there
fore give the opposite party chance to
come forward, and hear both parties pa
tiently." :,
Other cases are partly Of a criminal and
partly of civil nature. Suppose for in
stance a witness is brought up before
Justice OF the Peace to take his deposition.
He demands his fees. Has them paid;
then lifts his right haAd and swears to tell
the truth the whole truth and nothing else
but the truth as he shall answer to God at
the great day. Then being full of malice
and prejudice against the party, who re-
quires his testimony, he shuts up. breaks
his promise thus made under oath and re-
fuses to utter one word. Now this man is
not guilty OF legal indctable perjury. for
the law will not indict him and send him to
the penitentiary it. But he manlfests
"heart regardless of social duty and fatally
bent on mischief" None but bad man
and bad citizen would act so. He is
guilty of very great violation OF his own
oath and a very great and attrocious
offence against public justice. And the
statute expressly authorizes the Justice OF
the Peace to commit him to prison until he
will consent to testify Now what consid-
erations attach to an application for habeas
corpus in this case! In the first place this
witness is only committed for breach OF
his oath by refusing to give testimony after
having sworn 10 do so. This is an attront
10 public Justice, an offence which strikes
at the verv being of civilized society, and
the prosecuting attorney of the county
ought to have some opportunity to be
heard. Secondly, it is also struggle be.
tween parties, one trying to cover up and
conceal, and the other to uncover and dis
close the truth, therefore the party strug'
Cling TO get the testimony has right to be
heard in the matter. Thirdly. the w,nss:
is in no condition to excite much sympathy
He has promised on his oath to tell the
truth, this promise he has wiltulIy refused
TO fulfill by refusing to tell anything true
or false. His position is one Of his owl
seeking. II the restraint imposed upor
him is disagreeable he can promptly re
lieve himself by remembering his oath ant
fulhlllng us PROMISES 'or 'he nii..''"u' -
such case only authorizes the Jailorto de
tain him until he will "consent to testify.
Where then is the excuse for the hot AM
indecent haste of Judge, in gratilyin,
the partizans of concealment by the in
stantaneous discharge Of such fellow!
Would not an able and upright Judg
say to an attorney making private appl
cation to him for private and instanta
neous discharge Of such witness, "Si
YOU can not be gratfied in this case. Bot
parties shall be heard. You lose you
breath when you apply to me to decide
case withou, hearing your opponent. Yo
seem to have little confidence in the good
ness of your own cause. II you thougl
II good or strong you would not be afrai
to let your antagonist have chance to b
heard. You want to lead me into difficu