The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-08
aAsEAs CORPUS IN WAR TIME.

&C.,
Introduction into the United States
sion Proposed by a South Carolinian--
Composed by a New YOrk~r-Who May
Suspend the Writ--.Jackson and Judge
HaII-its Present Aspect, Sc.
Popular attention and curiosity have been recently 50
markedly invited to questions growing of habeas
pns that becomes the duty Of popular newspaper
properly and satisfy the national curiosity tho
subject particularly when 1t is evident from the columns
or uany journals who refer this interesting topic the
@bind likely lead the blind" Most extravagant
notions concerning the the writ of habcas cor
pus prevail among ordinarily well Informed classes.
II might puzzle many ward who hurrah the
invauable writ Of habeas corpus If they asked to
their audiences the extent of its assist nee
It Is enormously supposed possess the merit Of the
maids "open sesame the Of the forty thieves
md the practice Of Tomhs lawyer Is 10 rush after
judge and issue the writ or the purpose OF freeing his
eon client only to lind that the properties Of the writ for
the most part merely inquire whether the prisoner i
ooorably detained, ard he is So remand him
iody The writ takes its from the Latin words
which commenced 1t in the olden Time when the whole
writ was phrascd in the language Of General Cesar H
has signifies ''have them ''that you have" corpS
signifies body. II viii be remembered that sam Weller
freely translated shave his carcass Of the state
ruce, rejecting the latin, ard making it comrensble
but the legislative lawyers have wisely employed the old
words as used In the constitutional guarantee.
IL Is commonly supposed that the writ Of habeas
rs was called existence by the celebrated statute in
the time of Charles H. the Merry Monarch bat existed
hug before that in more primitive and less exact form.
During the reign OF thu, King tbs statute recognized and
implied the writ aud gave II additional appliances.
Nicholas Hill once sal that antqrarans might search for
the origin Of thu writ back Of Henry VI, but consu-
tonal lawyers accept It's frequent APP
peasance il that mona4chs reign as the time OF its
ela. birth Ialam thinks il in use
before The date Of Nagpa Cbarln and i rsed during
rs early history Of relief irom private re-
Ii have he,n FIRST usc,i against the crown
in the reign d Henry VII. The much vau,ed boast
English lawyers, that the jurisprudence Of their country
invented the writ parted by the that in Roman
times, when freeman restrained by another IN bad
Ia ILL., tho preor ordered his inertict that such person
should he brought before him. pubic, that he mi hi he
hberatnd The nterdct or wrt was entitled De Homne
ru tThuenio that Is, s'ecrccinpg the exhibition Of
fire. 4 man
The immediate Of passing the habcas corpus act
OF Parliament IN King Charles reign Obscure inli
vidna uaned jerks. Doubt ess TIE crown lawyers
disposed t. say NEEDLE, he London Assurance
lawyer used TO exclaim about his rival in jerks
Il
ii Parliament and of pconng the King
T. make The call For this he was pcrcmptari;y sum
moued before King Charles Il. coarclI, who, with the
Lod ch,rc llor and others Of the cuanci brown at him.
ami iAaiy committed him pris, n under i warrant
~ 4ea BY he comet, which assigned The face The
above trivial caec through the oyasicue prnctised by
the Lord Chancellor and chef justice, (who then held
th If Offices during thc King pleasure Joss lny ID li
for several weeks before he let to hal. jerks
his ireas bruitcd this wrong pretty extensively abroad
an of the Parliamentary orators up It's caus
bin charging the powers and inquiry Il tie habaa
corpus proceeding had ben times before passe
the commons, (having in view relief against btras,
Imprisonment by the kpg) but it was systematically d.
.cacd III the Lords Finally the jerks cuse hron, hit u
the Lords another vote. Lord Crcy ana Loud Norrl
We're The telers and, according Bishop Burnett AIMS
ing " History o. His Own Times lord Grey ctrrict
the bill by Of those artiilets so well known /,
CLERKS aud deputy Clerks NJ Albany. Lord Morris
was an absent minded man, bat Lord Gre,
as " wide awake us is an Albaa,
Assembly mar. A very fat lord was coming within tn
bar, whom Lara Grey said (aofarenty JEST HIS BIZ
enough Tor tcn,r and counted him ten adding tha
member to The tally. Lord Norris nnocSnty ado ted hi.
etonng, and declared the Hose That the mIicri
~ Were for the hillihe majority bong under ten aud
course but for the rat lords aithncica bill
lest
The statute accidentally passed hanks jerks and
Lord Grcy) substantially one now in use in New
York state The revisors (utlc. Spencer ana Due
some additions. The satNtc vc5y valuable st in.
gnt mduuchiai tim fliccd the constructo;s
maze Ivy our lawyers and courts Il Tie seem
thwa,t Imprisonment ana the power Of issuiu the wit
is by committed many (over orc hundred
persons have this power New Yor; stllc) thit Tower
nor Seward il his message iSi2) called the atcni of
IN Legislature 10 what lie cailcd of the evil
from the Under The starts Governor seward com
paned that, instead Of abuses by imprisonment The Wit
itself Is abused
lnasnuch - almost any with ingenuity make
out in petition ior the writ claim 70 IT, judges arc
practically required to Issue whenever app u 10 cyen
nth,o Oh they have the best OF rcasois hs urd e pe
tun for knowing nat the hca tic sired intention
OF the writ must be denied. Beside. very heavy hn
(obe sued for) IS IMPOSED upon any judge who wrong
fully refuses the writ. The writ is thl 4 very pupua
The blank form Of The petition and bank wit
purchased at any statonerf. so that given friend
quod, statoners store hy. au III Il admirstrao
around the corner and judge nt.meaieo by tie tine
ard the writ may be speedily issued by an
ore (awyer no. who has the Pluck 10 apply fo
1t. When the writ is pftscuied 10 the iuee
he signs it s'alowcd, = and the original mot copyl
hanaed 10 the aor person who actually controls III
prisoner Il commands HIM 10 chavez ,tc s'body' ,
the prisoner before TIE jul g named either forthwith
(Which means with due allowance nr lres dis;anc. an
judicial pacnce) or at time desguatcd--gcnefay o
tn day the next 10 prevent surprise. nJ,!c
that he wr bus been allowed must be given IL ihr ds
tric attorney Qf it criminal cases. 10 Che pcrsn
otherwise Interested IL continuing The imprisonment,
that both sides Can he heard. Then the jaor return
why he Claims TO hold HIN. Tho claim is debated Illus
trnted and examined before the judge who decide
whether the claim q custody Is It's face goo
u bad. II good, he disnisca tie writ, and thea
unless new facts regarding tte custody afiac--thi
disposition setnos all subsequent attempts 2'h III
writ. II bad, he either discharges, o., il t.e techn
raj poiut Is amenaabc, ancufs tao process - q
20 make the castod, complete. These orc III Csucra
features OF the writ. Nos, usually tia why's WHO'RE
OF the caia discussed n o;aar iea. ,otc
mgs. IL has been estimated by cfnin,, lawyer accus
-. IL.