The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-01-08

observations upon the character Of that event
says: '
without the consent of the representa-
tiTes Of the nation, no statute could be enac
led, no tax imposed no regular soldiery kept
up. that no man could be imprisoned even oI
a day by the arbitrary will Of the sovereign
that no tool ofpower could plead The royal
command as justification for violating any
legal right of humblest subject, were ielt
by both wings and tories to be the funda
mental laws, stood in no need ola new con
stitution. " History Of England, vol. H. P
Gill; "TF -g -
De Lolme, speaking Of the Suspension o
thehabeas corpus act during the next sue.
ceeding year, when the Pretender was as.
serting his rights to the throne, says: -
"But the executive power did not thus o
Itself, stretch rs own authority; the precau
lion was deilberated upon and taken,by the
representatives Of the people, and the de
taining oil individuals, in consequence Of the
suspension OF the act, was limited TO a Ger.
tain fixed time" y" Essay on the Constitution
Of England, Book II, ch. 1S, part second,
(note,) s-. '.....-s -..s--..... .-.-
In 1853, Chief Justice Pratt in overriding
a motion for new trial, made by. the de
fendant in an action oftreSpsss for arrestiDg
the plaintiff, on warrant from Lord Hall
lax, The Secretary OF Slate, said:
"Ifthe jury had been confined, by their
oath, to consider the mere personal injury
only, perhaps twenty pounds damages would
have been hought damages sufficient; but
the small injury done the plaintiff IA jeurn-
eyman printer and the inconsidelableness
oi his station and rank in life, did not ap-
pear to the jury in that striking light in
which the great point OF law touching the
liberty of the subject appeared to them at
the trial. Trey saw a magistrate over all
the kings subj cts exercising arbitrary pow
er, violating magma charta, and attempting to
destroy the liberty Of the kingdom by insist.
ing upon the legality of this general warrant
before them; they heard the Kings counsel,
and saw the solicitor OF the treasury endeav-
oring to support and maintain the legality oil
the warrant in tylanical and severe manner:
these are the ideas which struck the inry on
the trial; and think they have done right in
giving exemplary damages. To enter mans
by virtue ota namelesS warrant, IN order to
procure evidence, is worse than the Spanish
inquistion-a law under which no English.
man would wish to live an hour. 1t was a
most daring attack made upon the liberty oi
the subject" Huckle VS.. Mony, 2 Wilson, 205.
Sir William Blackstone, in his Commea-
taries on the Laws OF England, written in
the year 1865. twenty-five years the adop
ton OF the Constitution OF the United States
says: Ee
"Butthe happiness Of our constitution i,
that sis not lett 10 the executive lower II
determine when the danger ofthc STATE is 81
greaas to render this me sure expedent. |
is the Parimen, only, legislative power, tha
whenever it seems proper can authorise the
Crown, by suspeading the habeas corpus for
short and limited time, TO lmprison suspected
persons without giving any reason for So do
ing"
To this point had the law of England
been brought by the struggles Of nearly five
centuries. Magma chara had affil med tht
principle which lay deep in the hearts o
Enghshmen. and to it they had adhered with
unwavering fidelity. Eevery act OF revolu
ion, every ouburst Of popular passion, ev.
cry restriction put upon peropative, arose
from their efforts to compel its observance
by ihe sovereign. They succeeded in 1888
and the swelling tones from The dome OF St.
Paul's, which announced the election Of
William and Mary. announced also that ar
bitar' imprisonment had forever ceased in
the land. The enbroken practice of cen
tury was thenceforlh ingralted on the prin,
cipe SO deeply grounded in the English sys.
TEN; so that in 1787-the year of the form.
alton of our Constitution no proposition
was more incontroverlible Than that Parli
ament only can authorize The Crown to sus
pend the haJeas corpus"
The American Revelation was protest
against prcrogative; it was not an assault up
on the constitutions; 1t did not arise IRON
dissatis action with its principles; it was ie.
sistance TO its violations sometimes by Par
Lament, much more often by the king, That
Revolution had been successful, and it's lead
ers civil and military, were come together to
form new Government. Can 1t be believed
that they, protestants against kingly prerog
Observation-Disclosures because OF outrages on
personal rights by their sovereign--just e.
merged from seven years war in defense oj
those rights and of indignant defiance Of the
royal ,yranny-would elothe the executive
of their new Government with power over
the citizen which even their former master
had never dared to pre- end that he possessed!
Cap it be believed that they, proud of then
English lineage, proud OF ,heir English libcr.
ty--aye, proud oftheir loyalty to the princi-
pies OF the English constitution, and iortify-
ing themselves at every step OF the Revolu-
tion by appeals to English example and Eng
lish law would sacrifice hat right which
their English ancestors accounted their chief
estgory? Those ancestors had, for six cen
turies, battled bravely for popular nights
They had placed the crown upon the brow o
the pt topIe; they had decked it with many a
iewel;t was radiant with the glories OF pop
ular liberty; and can it be believed that ouI
fathers would tear away this priceless gem
which sparkled in the very forefront of tina,
coronet, and with it adorn tie scepter Of ex
ecutive power? In no other point in The
Constitution did they limit the rights OF tho
people as admitted at that day; in this one
vital point alone. restrict the bounds oil liber
ty and enlarge those Of power?
They speak OF the habeas corpus as thing
existing, privilege, whose character and ex
tent are so migrated upon the structure 9
'theis society and Governments right 50 "a
imiliar to the mindsof men; so interviewer
with every theory goi popular rights and exc
cntive power; SO thoroughly understood; S,
accurately defined that 1t needs neither toi,
established nor desei ibed--a right SO dsarl,
priced that they will guard it more CAREFUL,
Than ever it has been guarded before; tha
they will establish as The very corner-ston,
Of the new Republic, that whereas heretolors
1T might be suspended at the will Of the Le
gislainre, IL shall hereafter be suspended b,
The same power OILY swhen in cases OF re
bellion orin1asion the public safety may 10
|quire IL" ess g,g
8. The Uniform construction iofthis claus
or ihe Constitution by every department o
the Government is, that the power Of s,rs
pension resides in Congress alone,
In 1907, when Mr. Jefferson submitted Il
Congress certain documents relating 10 III
alleged conspiracy lor i dismcInbsrent Of III
IJnion. the Senate took lhe alarm, and, will