Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1861-07-24
T0L. S---NO. 33

Indeed. the security against Imprisonment ON
executive authority. provided fr IN the fifth arti
Gle Uf the Amendments to tie Constitution, which
/ have before quoted, is nothing more than copy
of a like provision in the English Constitution,
which had been firmly established before the
Declaration of Independence.
Blackstone, in his commentaries lst vol 1ST)
states il in the following words:
- To make imprisonment lawful, il must be
either 10y process from the Courts of Judlcature
OF 10y warrant from some legal officer having aU-
thorty TO commit u prison. And the people-ot
the United States, whohad themselves lived un-
der is protection while they were British sub
iects, were well aware Of the necessity of this
safee uard for their personal liberty And no one
can believe that in framing gcvefnment intend
Ell % guard still more efIiSieFis tie -fsLs and
the liberties of the citizens against executive en-
crcachme1it- and oppression, they would have
conferred on the President a power which the
history Of England had proved to be dangerous
and oppressive in the hands of the Crown, and
which the people of England had compelled 1t TO
surrender after long and obstinate struggle on
the part Of the English Executive TO usurp and
retain Ii.
The right OF the subject to the benefit Of the
writ IF hGbedS corpus. II must be recoected was
one Of the great points IN controversy during the
long struggle in England. between arbitrary gov
eTLment and free institutions, and must therefore
have strongly attracted the attention of states
men engaged IN framing new and, as they sup
pOSel, freer government than the zone which
they had thrown cff by the Revolution For
from the earliest history Of the Common Law, II
a person Was imprisoned-no matter by what
authOrity-he had a right TO the writ of hdbeoS
corpus t. bring the case before the Kings Bench
and if 10 specific offence was charged against him
In the warrant of commitment he entitled to
be forthwith discharged; and if an offence was
cha ged which was bal able in its character, the
courl was bound TO set him al liberty on BAIL
And the most exciting contests between the
# uln
of Magma ChartA were In relation to the privilege
of this writ, and they continued until the passage
of the statute of lst Charles IL, commonly known
as the great GobeGS corpus act This statute put
an end to the struggle, and finally and firmly
secured the liberty of the subject. from the usur
patton and oppression Of the executive branch Of
the government. It nevertheless conferred
new right upon the subject, but only secured a
right already existing. For although the right
could not be Justly denied, thele was often no.
effectual remedy against its violation Until the
statute of the 18th of William Ill, the judges
held their offices at the pleasure Of the King, and
the influence which he exercised over timid, time
serving. and partisan JUDGES often induced them,
uDon some pretext other, TO refuse 10 discharge
the partv although he was entitled to IL bv law,
or DELAYED their decisions from time to time,
to prolong the Imprisonment Of persons who
were obnoxious to the King for tbeir political
opinions, or had incurred his resentment IN any
other way
1le great ana lnfSt9inaUle Natue nl the hUoelS
corpus act of the LIST Charles H.. Is that il con
tains provisions which compel courts and Judges
and ali the parties concerned, TO perform their
duties promptly, IN the manner specified III the
statute.
a passage in b 'ackstone'> Commentaries, show
ing the ancient state Of the law upon this subject
and the abuses which was practiced through the
power and influence Of the Crown, and short
extract from Hallam's Constitutional History
stating the circumstances which gave rise 10 the.
passage of this statue, explain briefly, but faly
all that Is material 10 this subject.
Blackstone in his Commentaries on the Laws
of England, (3d vol, l33-l34) sa-s:
- To assert an absolute exemption from impris-
onment in all cases. Is inconsistent with every
idea OF law and political society, and, in the end
would destroy all civil liberty, BY rendering its
protection impossible
=. But the glory of the English law consists IN
clearly defining the times, the causes, and the
extent. when, wheTefTe. and To what degree the
imprisonment of the subject may be lawful This
ii is which induces the absolute necessity Of ex-
pressing upon every commitment the reason for
which II Is made, that the ocJTt upon I ka5sGS
corpus may examine iato its validity, and ac-
cording to the circumstances of the case, may
discharge, admit to bail, OF remand the pris-
oneT.
and yet early in the reign Of Charles l., the
Court Of Kings Bench, relying on some arbitrary
precedents (and those perhaps misun3erstood)
corpus. either bail, or deliver prisoner, though
Committed without any cause assigned, In case
he was committed 10y the special command OF the
King. or BY the Lords Of the Pfivy Council
This drew on a Parliamentary inquiry and pro
ducol the Petition Of Rights Charles which
recites this illegal judgment, ani enaots that NO
freeman heresfte- shal. &c 80 imprisoned or de-
rained. But when IN the following year Dir.
Selden and Others were committed by the Lords
OF the Coun il, in pursuance OF his majesty's spe-
cai command. under general charge oi notable
conterEpts and stirring up seiition against the
King an the government ard the Judges DELAYED
for two terms (includiDg also the long vacation)
to deliver an opinion how far such charge was
bailable. And when at length they agreed that
IT was, they however annexed condition Of find
ing sure il for their good behaviour, which still
pro tracted their Imprisonment, the Chef Justice,
Sir Nicholas HYDE at the same time declaring
that If they were again reInandeo Tor that cause
perhaps the court would not afterwaId grant a
hGboaS corpus. being already made acquainted
with the cause Of the imprisonment But this
was heard with Indignation and astonishme ut
by every lawyer present, according to Mr.. Sell
6en's own account of the matter, whose resent
ment was not cooled at the distance of four and
twenty yeas
1t is worthy of remark, that the offences
charged against the priSoner IN this case. and
relied on as a Justification for his arrest and i'm
pris0nment, in their nature and character, and
in the loose and vague manner IN which they are
stated bear a striking resemblance 10 those as
signed in the warrant for the arrest Of Mr. Sci
den. And vet. even al that day, the warran
was reganhe1 rs such fragrant violation of the
rights of the subject, that the delay of the time
serving judges to set him at liberty upon the
haJeas corpus issued in his behalf, excited univer-
sal indignation of the bar.
The extracts from Hallam's Constitutional His
tory is equally impressive and equally in point.
1t is in Vol. 4: . IA.
g 1t is very common mistake. and not only
ananrc. fnreior,ers hut InamE frln Ezhurn snIne