The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-25
[For the Spirit of Democracy.]
HABEAS CORPUS.


ture says: "These things ought ye to have
done and not to have left the others un.
DONE" The Scripture is written for our
instruction. We, the People, are very at.
tentive to political questions. We scruti.
nize, severely, the conduct Of those en-.
gagged in the MAKING oflaws. This is right;
but it is not the performance Of our whole
duty. We must also attend to the con.
duct of those engaged in the ADM1NrsrRA.
rIoN of the laws, we'll knowing that the
best law is turned into the greatest curse
when administrated by ignorance, par.
tality and prejudice. More especially
ought we to see TO it that partiality and
taroritism do not deprive either party Of
a hearing. The impudent and attrocious
doctrine, that cases Of Habeas Corpus may
be despatched privately and instantane.
ously without the slightest chance of q
hearing on the part of those opposed to a
discharge, has Of late been broached and
argued in society. Truth loves daylight;
therefore fair and candid discussion Of
practica al questions must be useful TO self.
governing people. If the decision may be
private and instantaneous, what is the use
of appointing JUDGE at all! What is the
idea of a Judge except to decide contro.
versies between parties? But il Judge
or Justice will so far forget himself as to
decide cases privately and instantaneously
upon the secret application Of one party,
lie will be sure 10 decide in favor Of the
applicant. The decision might as we'll be
left to the attorney Of the prisoner without
the miserable farce Of pretended Judge.
But let US see if the Statute authorizes
such hasty, suspicious, trickle.trap work.
The first Act in force, Swan, page 434, d.
rects the officer having the prisoner in
charge, to convey him before the Judge
ION THE DAY SPECIFIED IN THE WRIT"
The Judge is to examine into the cause
Of caption and detention, and if the i'm
prisonment is altogether illegal he may
discharge. But il the prisoner is charged
with any crime or offence, the Judge,
"shall at his discretion commit dischage
or let to bail such person or persons" But
how is Judge 10 decide these delicate
questions OF committing, discharging or
letting 10 bail! Is he TO take the private
statements the accused! In some cases,
at least, such persons are the enemies of
the law, and in such cases they will be the
ENEMIES OF THE Truth. And the Judge.
who takes such statements as the founda.
tion OF his decision violates his duty. The
next statute, Swan page 436, provides in
substance, that prisoners "shall not be Dis.
charged from Imprisonment or custody by
reason Of any informality or defect" Of the
warrant, provided it show substantially a
criminal matter, and that the Justice Of the
Peace had jurisdiction to arrest or commit.
But the statute Of Feb'y 8, l847, Vol. As,
Ohio Laws, page as, is still palmer about
these swift and private decisions, or rather
it excludes the possibility Of any question
about them. According to that statute, if
writ is issued by court in session. i,
may be returned before a single Judge, il
the court has adjourned before the return;
and If returned before Judge. at time
when the court is in session he may ad.
journ the case into court. there to be heard
and determined. Then ifthe return Of the
writ shows that the person is imprisoned or
detained, "under any warrant or commit.
ment in pursuance of law the return shall
be considered as prima facie evidence of
the cause OF detention" To those not
acquainted with law terms, will say that
"prima facie" means "first face," that is,
the return is to be first face evidence Of ito
own truth, and is to hold good until tho
opposite party can prove its falsehood.
But how is the opposite party ever to prove
its falsehood, il the proceedings are all
private and instantaneous, and the oppo.
site party has no possibility of being pres
ent9 Buff the person SO imprisoned is
detained by private authority the return Of
the writ is only to be considered "as .
PLEA Of the facts therein set forth and the
party claiming the custody shall be held
to make proof Of such facts. But in the
name Of Hsaven!!l how is the party claim.
ing the custody, to make proof Of his facts,
ifths prisoner is instantly and privstsly
discharged, before the most skillful Justice