The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-07-15
THE INALIENABLE RIGHT OF HAREAs


| CORPUS
| me following is an extract from charge lust
| delivered by Judge Miller, of the United States
| District Court of Wisconsin, at Milwaukee
| Nor can arms take the place of laws. Every con-
sderaton OF justice and OF hum anity requires that
the constitutional supremacy of the civil depart
ment OF the Government over the military should
be preserved. 1t would be a great derection of
duty to deny the prisoner the speedy trial as gua
| ranteed to him by the Constitution. 1t would be
unjust to refuse citizen legal redress for wrong
And It would be derogatory to the National Iud-
ciary to deny to prisoner the writ of hGbeo0
corpus for the purpose OF inquiring into the cause
of his confinement.
We have fallen upon evil times. if any respecta-
bic portion of our citizens should insist that unon
the order of an unauthorized person ci,izen NOT
under arms should be deprived of judicial innuirv
into the cause of bis imprisonment in oppostinn 70
the judicial authority of the land. "The right of
the people to be secure in their persons houses
papers and effects against unreasonable searches
and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by
oath or affirmation, and particularly describing the
place to be searched, and the persons or things to
be seized" ''No person shall be held to answer for
capital or otherwise infamous crime unless on
presentment or indictment of grand iurv exc.pt
in cases arising in the land naval forces or in
the militia when in active service, in time of war or
public danger; nor shall any person be subject far
| the same offence to be twice put in jeopardy Of
life or limb; shall be compelled in any criminal
case to be a witness against himself; nor be de-
Piieu VI le, lloeTty Ut property without due pro-
cess flaws nor shall private property be taken for
public use without just compensation" 'sIn all
criminal prosecutions the accused shall enjoy the
right to speedy and public trial by m impartial
jury of the State and district wherein the crime
shall have been committed, which district shall have
been previously ascertained by Law; and to be in
formed OF the nature and cause of the accusation;
to be confronted with the witnesses against him. to
have compulsory process for obtaining witnesses in
his favor and to have the assistance of counsel for
his defence" Excessive bail shall not be required,
nor excessive fines imposed, cruel and unusual
punishment inflicted" "The privilege of the writ
of habeas corpus shall not be suspended unless when
in cases of rebellion or invasion the public safety
may require it..
These constitutional provisions were borrowed
from the English constitution and laws; and, ex'
cept the last, by general consent added to the
original Constitution as amendments. They were
deemed SO necessary for the protection of the eitl-
zen that their adoption was made essential pre-
requisite to the ratification of the Constitution BY
some of The States. And in the English and Ameri-
can courts it is well understood that the law
making power alone can suspend the writ of habeas
corpus, and only when in cases of rebellion in
yasion, the public safety may require it. In the
Government of the United States, Congress alone
has that power. Rare instances have occurred in
the United States where the writ was suspended
by order of military commander, IN cases OF ex-
IRENE necessity, for a limited time; but they
were not claimed as the exercise of rightfu \
power but as an excuse based upon temporary
and extreme necessity. The suspension OF the
WITT by any other authority than Congress, the
courts and judges not constitutionally bound
TO respect. If there is any allegation or sup
posed allegation of crime against an individ-
VA, ne must pc proceeded against by legal
warrant, issued by competent authority under
oatni ana ne entitled to an examination before