Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1861-06-12
The Constitution.

Of the Invaluable rights with which every
freeman is endowed by his Creator, that OF
personal security is one of the most sacred
A government which does not respect and
protect it, is despotism of the worst kind,
aud under it the life of the citizen or subject
ia worthless boon. Who would wish to live
under government where he would be la
ble to be arrested and incarcerated in Jail
at any moment, to languish there for months,
perhaps for years. without having the right
Of claiming hearing before tribunal of his
Country, in order to ascertain the criminal
matter with which be is charged, and be aG
mitted to bail, if bailable offence, or dis
charged from custody if the charge appears
to be grouudless or purely malicious ? Take
away this right from the citizens of the Uni
ted States, and although they may continue
to style themselves freemen, they will in real
ity be so no longer.
The patriotic fram ers OF the Constitution
in preparing that sacred instrument guarded
with jealous care, this high and holy right.
1t provides 1st Art, Sec. o.. that The privi-
lege of the writ of habeas corpus, shall not
be suspended unless when in case of rebel
lion or invasion. the safety of the country
may require it, This writ was known il
England, before the settlement OF this coun-
try, and has been styled the great writ o.
English liberty, the highest right of the
subject. They therefore, very wisely, took
from the Monarch, the right of suspending
it, and vested that right in the Parliament
and in it alone Judge Blackstone in bi:
celebrated commentaries says, when the
State is in real danger the suspension may bt
necessary measure. But the happiness o
our Constitution is, that it is not left to tht
Executive power to determine when the dan
ger of the State Is SO great, as to render the
measure e1pedient, for it is parliament only
or the legislative power can authorize it. =
(Book 1st, page 1867 1t is ridiculous t
suppose, that the American freemen who fra
med the Constitution, intended IN that in
strument to invest the President with tht
right to do that which the monarchists oi
England were afraid to entrust to their SOW
ticles. Tn, first defines the powers of th,
Legislative, the second of the Executive, the
third of the judiciary branches of the Govern
ment. The paragraph of the Constitution
which we have quoted above, oc ours in tn,
Article which defines the powers of the Leg
islative branch. 1t is therefore evident, tha
Congress is alone invested with the right t.
suspe nd the privilege of the writ of habea
corpus, and that only when the public safety
shall imperatively require it, and that th,
President possesses no more right to do so
than country Justice of the Peace. Thi
point has been repeatedly so ru led by the U
s. Supreme Court, and that it is invested
with the right of construing and expoundine
the Constitution, we presume no one will de-
n.y. The late Chief Justio Marshall, in de
ivering the opinion of the Supreme Court il
the case of Mason, (reported in Cranch 101
said IF at at any time the public safety
should require the suspension of the habeas
corpus act, il is for the Legislature to cay so.
The celebrated Judge Story in his commen
taries on the Constitu ton, maintains simi
lar doctrine. So also does MIR. Jefferson ir
one one of his published letters He regarde
this as one of the plainest points in the Con
stitution.
Our attention has been attracted to this
matter by the proceedings growings out OF
the case of a certain George Merryman, az
rested recently in Baltimore. On the charge
of treason, a crime triabie ia the Z. S. Court.