The Democratic press. (Eaton, Preble County, Ohio) 1860-1865, 1862-01-09

of the tenth section, where Ilm'-
tntion is imposed upon the powers
of the States. The first, second,
and third sections relate to the or
ganizatiOn of the two Houses; ; the
| fourth section relates to "the times,
places. and manncrof holding clcc-
/ tons for Senators and Representa-
tives !" the fifth and sixth sections
confer certain powers on the scpa-
trato Houses, aud grant privileges
and imposo disabilities nnon the
members; tlc seventh section de-
fines the various steps in the
passage of Il bill; the eighth section
declares the powers of Congress
the ninth section declares the pow
crs which Congress shall not have;
the tenth section. with the sin~Ie
exception alluded to. restricts the
powers Of the States. "without the
consent Of Congress.
The eighth section commences
with the words "Congrcss shall
have power to-" and defines
through eighteen clauses the sew
cral grants
The ninth section, throughout
, eight clauses. limits the powers
. already granted. or declares abSo-
lnte unqualified restriction unon
new subjects, and might well hay e
{ commenced with the words Con.
/ grcss shall have no power to-,
without affecting the sense, or I'M
t pairing the vigor in any degree.
Congress shall have no power
1. To prohibit the migration OF
t importation, &c.
2. To suspend the privilege OF
$ the writ of hobeaS corpus, unles:
y wien in cases, &c.
y 3. To pass a bill of fattaindcr,
-, 4. To lay a capitation or othc
=. direct tax unless in proportion, &c
5. To lay a tax or duty on ar
ticles exported, &c.
6. To give any preference h,
y, any regulation Of commerce, &c.
j 7. To permit money to b
drawn from the public Treasury
T. except in consequence OF nppropri
u ations.
h 8. To grant titles Of nobility
e &c.
> From the earliest period of tn
:, common law, the personal iibcrt
" Of the subject was declared secur
! from arbitrary and Illegal inrrac
Is tion. The barons, in their contes
with King John, while they as
S sorted the rights Of their order
:, failed not TO enlist the sympathie
i Of the commons, by formal dec
!. laration of their ancient and &C
+ knowledged privileges. Magn
Il Charta declares
y "NO freeman shall he taken, IN
j prisoned or dispoSseSSed of his trc
/ tenement and liberties, or oNtIawc
or hanished, or otherwise hurt {
injured. unless by the legal juds
y mcnt Of his peers, or by the law
!. the land"
: This was the law. It was mao
IL effective by thc writ of huhc12 ro
II Dva whose office was TO bring h'
81 r,rt the "'ri' magistrate The porSu
= Ct every prisoner, thnt the cans
i the circumstances. and the autho
..e ity of his Imprisonment might |
Is inquired into. and that he migi
J. he rcmandcd. discharged, OF admi
& ted to bail, as "the law Of the IanC
G. rnnnired. For nearly V three cent?
'e rios the history OF England is br
le the story of weak or wicked king
of civil wars and internal discor
NJ in the thread of which we find II
IT, theory of this Great Charter Of Il
~ neople's rights forever maintainc
il and it's practical application co
y tinuallv denied. The comparati'
~ rcnose of the nation during Il
&c next century left men free to obser'
IL these violations of their rights
They saw with il dignation Il
u tyranny of Elizabeth; they chat
Is rnder the yoke of her arhitra
ne successor; and in the third year
- the first Charles they compell
him, as the price of his throne,
Or assent to the Petition of Right
1t. i" "Whereby he bound himself never again
nv imprson any person except in due course
law and never again to subject his people
us the jurisdiction of courts-martial Mace
~ lay's History Of England, vol !, p, 70.
h' Forced loans, benevolences, taxes wi
nc out consent of Parliament, arbitrary
NC priSonmcnts the billeting Of soldiers, mart
'00 lar; these were the grievances complain
of, and against these an eternal remedy v
,'"' to be provided. The Commons pretend
" " not, as they affirmed, to any unusual pow
-. or privileges; they aimed only at secur
-: those which had been transmitted to tn
49,, from their ancestors; and their law they
-; solved to call Petition of Right, as inn
IL, ing that it contained a corroboration or
planalion of the ancient constitution,
,n any Infringement Of royal prerogative,
'Lo acquisition of new liberties '--S HIM
= .....