Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1861-07-24

e1pected. to SUPPOSE that this statute of Charles
H. enlarged IN great degree our liberties, and
forms a sort of epoch in their history But
though very benehcal enactment, and emil
psntly remedial in many cases OF illegal lmprls-
onment, it inerodnced no new principle, nor con-
ferred any hit upon the subject. From the
earliest records of the English law, no freeman
could be detained in prison, except upon Grim
inal charge, or conviction, OF tor a civil debt
In the former case IL was always IN his power to
demand of the Court of Kings Bench a writ OF
ha5eaS corpus al s1ticieIdum directed to the per-
son detaning him in custody, by which he was
enjoinei to bring up the body of the prisoner
with the warrant Of commitment that the court
might Judge of its suficiency, and remand the
party, admit him to bail, or discharge him, ac-
COrding to the nature of the charge. This writ
issued of right, and could not be refused by the
court. 1t not to bestow an immunity from
arbitrary Imprisonment. which iE abundahtIy
provided for in Magma Chalta, Gf-indeed 1t were
not more ancient) that the statute of Charles III.
was eracted, but to cut off the abuses by winch
the governments lust of power, ana the SeIVue
subtlety of Crown lawyers had impaired so fun
damental privilege"
While the value set upon this witt IN England
has been so great that the removal OF the abuses
which embarrassed it's enjoyment have been 10 *
Ell upor as almost grant OF liberty to the
subject it is not to be wondered at that the con
tinuance of the writ thus made effective should
have been the object of the most jealous care
Accordingly, 20 power in England short of that
of Parliament can suspend or authorize the suS-
pension of the writ of habeaS corpus.
| quote again from Blackstone, Il Com, 1867:
"But the happiness of our Constitution is, that
il is not left to- the executive power to determine
when the danger of the state Is so great as 20
render this measure expedient 1t Is the Parha-
ment only or legislative power, that whenever II
.l,a( (Nr,,1r hyrS STleT-
ding the habedS corpus for a short and limited
time, to imprision suspected persons without Civ
inc any reason for so doing" And If the Presl-
dent Of the United States may suspend the writ,
then the Constitution Of the United States has
conferred upon him more legal and absolute
power over the liberty of the citizen than the
people of England have thought it safe to entrust
to the CrOwn-a power which the Queen OF En-
gland cannot exercise at this day. and which
could not have been lawfully exercised by the
Sovereign even in the rel gn OF Charles the First.
But | am not left to form my judgment upon
this great question, from analogles between the
English Government and our own, or the conf
nen.aries of English Jurists, or the decisions OF
English Courts, although upon this subject they
are entitled the highest respect, and are justly
regarded and received as authoritative by our
Courts of Justice To guide me to right con-
clusiOn. bave the commentaries on the COnSti-
tuition of the United States of the late Mr. Justice
of the age, but for long time one of the bright
est ornaments of tie Supreme Court of the United
States and also the clear and authoritative deci-
sion of that Court itself, given more than half
century since, and cOuciusiveiy establishing the
principles l have above stated.
Mr.. Justice Story, speaking in his Commenta-
ries of the habeaS corpus clause in the Constitu
ton, says:
1t is obvious that cases OF peculiar emer-
gency may arise, which may justify, nay, even
require. the temporary suspension of any right to
the writ. But as it has frequently happened in
foreign countries, and even in England, that the
writ has, upon various preteXtS and occasions,
been suspended, whereby persons apprehended
uuon suspicion have suffered long impriSon-
ment, sometimes from design, and sometimes be
cause they were forgotten. the right to suspend
it is expressly confded to cases of rebellion or
invasion, where the public safety may require it.
4 very Just and wholesome restraint, which cuts
down at blow, fruitful means of oppression,
capable of being abused in bad times to the worst
of purposes. Hitherto no suspension OF the writ
has ever been authorized by Congress since the
establishment of the Constitution. 1t would seem.
ns the power is given to Congress TO suspend the
writ of hdbeas corpus in cases of rebellion in
vasion. that the right to judge whether the exi>
gencv had arisen. must exclusively belong to that
body Stoly's Com. on the Constitution, sec
ton 1886.
And Chief Justice Marshall, in delivering the
opinion of the Supreme Court in the case Of er
11arte Bollman and Swartwout uses this decisive
language in Cranch, 95:
1T NAV be worthy of remark, that this act
(speaking of the one under which | am proceed
ing) was passed by the first Congress of the l.
S. sitting under a Constitution which had declar-
ed that the privilege of the writ of hdbeaS corpus
should not be suspended, unless. when, in cases
of rebellion or invasion. the public safety may
require 1T Acting under the immediate inhu-
ence of this injunction, they must have felt. with
peculiar force the legation of providing efficienl
means by which this great constitutional privil-
eye should receive life and activity; for if the
means be not in existence, the privilege itself
would not be lost although no law for its sus-
pension should be enacted. Under the impress
sion of this obligation they give. to all the Courts
the power of awarding writs of hdbedS corpus"
And again, in page 10I:
''If at any time the public safety should re-
quire the suspension of the powers vested by this
act in the courts Of the United States, it is for
the Legislature to say That question de-
pends ON political considerations, on which the
Legislature is to decide. Until the Legislature
will be expressed this court only do its duty,
and must obey the law"
can add nothing to these clear and emphatic
words Of my great predecessor
But the documents before me show that the
military authority in this case has gone far be-
yond the mere suspension of the privilege of the
writ of hdbedS corpus. Ii has. by force of arms
thrust aside the judicial authorities and officers to
whom the Constitution has cOnhded the power
and duty of interpreting and administering the
laws, and substituted military government in
its place, to be administered and executed by mil
itary officers For at the time these proceedings
were had against John Merryman, the District
Judge of OfMaryand-the Commissioner appointed
under the act of COngress-thc District Attorney
and MarShal-all resided in the city of Baltimore
a few miles only from the home of the prisoner.
Up to that time there had never been the
slightest resistance or obstruction to the process
of any court or judicial officer of the United