Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-06-06

powered to arcs: any one charged with an uferc
against the United States, and whom he may from thu
evidence before him, believe to be guilty; h,
authorize any officer, civil military, exercise th
power for the 9th article OF the amendments the Con
stuiion expressly provides that person sba be de
prived of life liberty properly, without due process
las"-that H. Judicial process.
And il the privilege OF the writ OF hdbeds corpus
suspended by act of Congress and party not sub
iect TO the rules and articles or afterwards ar
rested and imprisoned by regullr udii process he
could not be detained in prison brought to il before
a military tribunal for the article in the amendments to
the Constitution Immediately following the one above
referred to-that is, the 9th rcle-proydes that I'm
all criminal prosecutions the accused shall oY the
right to speedy and public trial by impartial jIy
the State and district wherein the crime shall have been
committed, which district shal! have been previously
ascersined by law and be informed of the nature
and of the on; to be confronted With the
witnesses against him to have compulsory process for
obtaining witnesses in his favor and to have the assist
ance of counsel for his defence"
And the only power therefore, which the President
possesses where the "ie liberty property" of pr.
cz is concerned is the power and duty prescrib-
ed in the third section of the second article which
qures that he shall take that the laws be faithfully
| executed" He Is not 6u.horZ 10 execute them HIM
self through agents officers, civil mi itary, ap-
pointed by himself but he is TO take that they be
faithfully carried into execution they expouuded
and adudged by the ordinate branch of the Govern
which that duty is assigned 10y the Constitution
IL is tins made his duty TO come in aid OF the Judicial
thoty il il shall be resisted by too soug 10 be
| overcome without the assistance of the Executive arm
But in exercising this power he acts in suboduson
nd ca authority, assisting it to execute its process and
| enforce it, Judgments.
| With such provisions in the Constitution, expressed
in language too clear 10 be misunderstood by auy one
no ground whatever for suppOsing that the Pres
iient, in any emergency, in state of thrgs,
authorize the suspension of the privilege of the wit oil
hnbsds corP or arrest citizen except in aid Of the
! judicial power. lie certainly docs not faithfully
cute the laws II ne takes upon himself legislative power
by snspendug the writ Of h1bcas cOrpi4S-aud the ju
dcial poser also by arrCstng and imprisonnG person
without due pro;css oil law. Nor can any argum-nt be
drawn from the nature oil sovereignty the necess-
ties of government, for sol-deiencc in time of tumult
aud danger The Government Of the nitei States is
one of delegated and limited powers Il drves its ex
is.ence and authority altogether from the Constitution
and neither OF is branches Executive, Legislative
Judicial rcse any Of the powers of Government
beyond those specified and granted For the l0.h arr!
icle of the amendments TO the Constitution in express
terms provides that "hc powers delegated to the
United States 10y the Constitution prohibited by
10 the States reserved to the States, respectively,
or to the people"
Indeed the security against imprisonmen: by
tive authority, provided iof in the fiji article OF the
Amendments Of the Constitution, which have before
quoted, is nothing than a copy OF a Ike provision
the Engli-h Constitution, which had been firmly
tablisLed before the Declaration Of Independence.
BLACKSTONE in bic Commeu aries st vol, la7 states
| Il in the following wer5s
"To make imprisonment lawful, It mus. be either By
>rocess from the Courts OF Judiclure by warrant
from some legal officer having authority to commit TO
prison." Aud the people of the Uaited Colonies who
had themselves lived under lis protection while they
we're British sui 'cts were well aware OF the os4i'y
Of this s,f, guard for their personal liberty. And no
believe that in framing government intended
20 guard stall efficiently the rights and he ber-
ties OF The c'z ms against executive encroachments and
oppression they would have conf rfed the President
a power which the history OF England had proved to be
dlngerous and oppressive in the hands OF the Crown,
aud which the people OF England bad compelled it to
surrender after long and obstinate struggle The plrt
oi the English Executive 10 usurp and retain it.
Tne right of the su ec to the writ Of h-5es corpus,
il must recollec;ed, OF the great points in
controversy daring the long struggle in England between
arbitrary government and free institutions, and must
therefore strongly attracted the tenon of states
men engsg IN framing new, and, a. they supposed
rser government than the one which they bad throwl
fl by the revolution For frOm the earliest history Of
| The COMMON law f person was iuprisoned-no matter
" what authoIi yhe had right to the writ Of tG,IS
coIyls bring his before Lhr airy bench ald
specific osuc cEarsed against hlm Ia the warrant
Of lmrU he entitled 10 be forthwith discharged;
lad If any offence charged which bIiibe It's
character the court bound to set him a liberty Oh
bail. And the most exciting contests between the Crown
| and the people OF Engard ircm tho ;.n5 OF hagGa
Charta in relation to tho privilege Of this writ and
they continued until the passage oil the salute Of Slst
Charles 2I commonly known the great Aabsgs eor,,
| act
This statute put IN end to the struggle ard finally aud
firmly secGrd The liberty of the subject from the
patton and oppression of the executive hr9nr. III Ike
Government. IL nevertheless conferred no right
upon lie sui ,ci, but only secured right already exist
| Q. For although tie lgh, could not bG justly de-
MED there was often tn,ctua remedy against is VIC
aion. Until the statute oi the 18Th Of William Sd the
Judges held their cces the pleasure Of the King a4d
the llenccs Shch he exercised oyer ti.ij, tleserv
ng ard partisan ld,os often induced them, upon
ntotcx: auOher 10 refuse TO disChag the party A
though he entitled TO II by law, delayed their d.
ciios from tmo lu lime, 30 as to prolong the imprsun
ment Of persons Who obnoxious to the King for
their political opinions, lad incurred his
| in any other way.
The great aud cstimabla value Of The haJeas corpus
act of tue 3s. Ch,t,s is that i contains provisions
which compel courts and nd;,s aud all p.riss con-
cerned perform their duties promptly, IL the manner
| specified in the s,atuic.
passage in Bla, l5.ones Commenlarica -hoEing the
ancient Of the w upon inia sui c and the abuses
which were praotised through the power aad ir1lence
of the Crown, and short extfac: from aamz Cons IL
| uional History, stating the circumstances which gave
rise to the passage Of this Statute, explains briefly, but
ullv all that is material to this subject
| Blackstone IN his Commenta les the Laws Of Eng
| land Ga vol 1873 l3IL says:
"Tu assert bOlute exemption from imprisonment
in all cases Inconsistent with every idea OF lag po-
ra, society, and in the end would Gos.Toy all civil
| liberty by rendering lis protection impossible.
"Bu. the glory OF the English law consists in clearly
| defining the tine the causes and the extent, when,
wherefore aud 10 what degree the imprisonment Of the
suh,act NAV be lawful This it il which induces the ab.
sOte necessity OF expressing upon every commitment
the reason for which il j. made that the upon
haJeas corpus may examine into its validity aud accord.
ing to the ccumsauoea Of the may discharge admit
| TO bail remand the prisoner.
"And yet early in the reign OF Charles the Court Of
Kings Bench, relying arbitrary precedents (ani
those perhaps msundersood determined that they waud
not upon kabeds corpus, either bail delivGr prls.
oner, though committed without any assigned 10
case he was committed by the special command OF the
King or by the Lords of the Privy Council. This drew
on Parliamentary inquiry and produced the Petition of
Rioht-3 Chas. (which recites this Illegal cdaIaeut
and enac,s that no freeman hereafter snail be imprisoned
or detained Pat when In the following year Mr. Seden
and oth rs we're committed by the Lords of the Council
in pursuance of his lesty's special command under
general charge of notable oontemps and stirring up se-
dton against the kios and Government the Judges 90.
layed for two terms ncudng also the long vacatou to
deliver opinion hoE fer such charge bailable.
Aud VIXEN at length they agreed that was they how
ever, annexed condition of finding suredes for their
good behs vor which still proracted their Imprisonment,
the Chief Justice Sir Nicholas HYDE the saGG time
declaring that If they were again remanded for that
cause perbans th Court would not afterwards grant
habeaS corpus being already made acquainted with the
cause Of imprisonment Bu. this was heard with indg-
nation and atonishment by every lawyer present.
cording to Mr. Stl1ens account of the matter,
whose resentment was not cooled athe Distance OF four
and twenty yeaFs"
Il is worthy OF rmark that the offences charged
against the prisoner in this case, and relied us
6caon for his aud Imprisonment in their nature
and character, and in the loose and vague manner in
which they are stated bear n striking resemblance to
| ,bc in f0r