The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-07

fGssdj and no warrants shall Issue, bal apca
'f'obddls cause, supported By oath CT affirmation,
"and particularly describing the place 10 be
searched and the persons or things to be seized.
So says the second article Of the amendments |
to the Federal Constitution. The prohibition is |
couehed in the most emphatic language, and is
only permitted TO be relaxed under peculiar cir
cumstances and on the scrupulous observance of
clearly defined conditions There must be 'proh
table cause" to justify the search; there must he
"warrant" issued, supported by oath or
'afirmation;" and the place 10 be searched, and
the persons things to be seized, ''rnus be par
''ticulary described"
We believe that it is absolutely essential, at this
time, TO reproduce so an important a clause of
the Federal compact, that men may know to what
extent that instrument secures them-ln thelr per-
sons, houses, papers and efects-agains oicai IN
trusion and more than official insolence, and that
they may thus be rendered better capable OF judg-
ing how far this particular privilege, in these latter
DAYS. has been infringed, which the Con-
stimtion assures them shall not be yiolated
"To be sure''-as Mr.. BURNETT remarked, on
Saturday last, in the House of Representatives.
and the sarcasm derived additional keenness and
effect from its sefevident truthfulness: '"To be
''sure, the Constitution has become rather obso-
| ''lete but gentlemen will pardon me if | venture
occasionally to allude to that sacred, but unfor
''tunate instrument On similar grounds
of desiring to refresh the memories of those who
may have forgotten this charter of our liberties
we also hope to be forgiven for occasionally exhu-
ming certain portions Of it, to the end that our
readers may the better comprehend the precious
legacy they are in danger of losing, and therefore
be prepared to demand its restoration and to de-
nounce all attempts-no matter from what quar-
ter they may come-to pervert it from lis original
meaning, or to destroy it altogether.
For more than three months the people of this
State have been subjected 10 long series OF 'iun-
reasonable searches and Seizures without war
rant, without law, Or any of the forms of law;
without q shadow of justification. Houses have
been entered in the glare of noon-day and at the
dead hour OF the night; the privacy of bed room:
has been recklessy and unscrupuously invaded
bureaus, drawers, and closets, have been ran
sacked; BEDS mattresses, and wearing apparel
have been searched; the sanctty of private CORES
pondence has been violated; arms owned by mem
bers of the family-bought with their own money
or the gifts of friends or relatives-have been de
liberately stolen by the soldiers or s5irri of TIT
Government at Washington---and this, too, il
open defiance of that other article of the Constitu
ton which declares that 'lhe right of the peopl
ITO keep and bear arms shall not be infringed."
Under the Constitution aud laws, sseverv man,
''house is his castle,' and whatsoever dares Il
enter it, by force of arms and without strictly
legal authority, may be instantly elected If h
resist the act of expulsion and loses his life in tn
struggle, on his own head lies the penalty. I
may not be prudent or advisable for the owner O
the premises so entered, to resort 10 such an ex
tremity in vindication of his rights; but that h
may do SO, if the occasion be such as should cal
for 1t, no intelligent jurist will deny. The i'm
punity, therefore, with Which these outrages hay
been perpetrated in our midst, is due to the for
bearance of those who have been thus wrorged
and not to any color of authority with which tn
military or the police have been invested. Their
ls, however, limit to these things; for patienc
ceases to be virtue when insult is added to in
JURY When brutal ruffians, with whose name
the community is familiar, and whose crimes ar
recorded in the annals of our Courts are CHARGE
with the execution of brutal and lawless DEGREES
when neither age nor seq, nor severe illness. no
domestic sorrow, are safe from violence and indio
nlty what wonder if human nature should brea]
through the restraints which discretion woul,
impose, and try conclusions with the oppressor ?