Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1862-12-31

delayed
will quote a few sentences on tins
Z subject from an English standard work
/ The happiness of our constitution Is.
/ that II IS not left to the executive power
to determine when the DANCER of ibe
| state Is so great as to render this meas
ure eXpedient for it is the parliament
only, or legislative power, that. whenever
[ 1t secs proper, can authorize the crown.
by susoending the habeas corpus act. for
q short and limited time. to imprison sus-
pected persons, without giving any reason
for so doing. As the Senate Of Rome
was wont to have recourse 10 a dictator
"A magistrate Of absolute authority
when they Judged the Republic in anv
imminent DANCER. The deere of the Sen
ale which usually preceded the nomi-
nation OF this majistratc-'S dent operam
cnosules ne quid respublica detrimenti
capiat, was called, - scnatus consultum
ultima nccessitafes''
1t iS indeed Il case of extreme public
necessity that will induce the parliament
Of England to suspend the haIaas corpus:
aud the instances are very few. The
. fixed rule Of their constitutional law i
that ''whcn probable ground Is shown
! that the party Is imprisoned without Just
. cause-2 inst. 4l5-the habeas corpus Is
a writ Of right which may not be denied.
+ but ought TO be granted TO every man
that Is committed TO prison o. detained
there, or otherwise restrained. though II
Z be by command OF the king, the privy
council Or any other com iour. Iet
April I2GS
l have thus given English law and
English judicial sentiment on this subject:
and aver that it Is the law and the SEN
tlment (as it is the safety OF our people
as manifested In our constitution. our
statutes, the usages OF our courts. and
the opinions OF our Judges and iuri,.s. a.
l Will cn,leavor 10 show
The rght cf'p,TsoaaI trsej,n and the
immediate slHsedy for thc rolghoo OF II.
came to our country with the earliest col
onists. As soon as regular governments
were organized, the great and noble prin-
ciplcs O: the 9 -uugaa CtlyTl'' and the
= Bill of Rights" were asserted and main
tained. These were embodied in an act
OF Parliament lst VIM. and Mary. Stat.
,. chap , which. IN one o. lis provisions.
denied TO the crown - the power OF dis
pcnsinE with and suspcndi'ig the laws
In all the colonial governments the ha-
beas corpus was used. ~ regulated bv
the common law and the British statutes.
-Atter the revolution no remedy for inn
prisOnment or detainor was provided IN
any constitution or hy art OF legislation
Tins tr77t remained and was Cmploved rs
in ENGLAND Ii was everywhere recor-
nized-but always aS previously existing
The habeas corpus l. n JrgTtoI'1ag.t. which
government cannot abolish As well
might legislative body take away the
right of personal liberty. a- annul this le-
gall instrument for It's preservation.
The Judiciary of the United States. as
soon rs organized. was warranted in gran
ting this writ. and was bound to do so
when proper occasions demanded This
particular function had spontaneous orr
gin with the court itself. and was 10; de-
rived from the lith section Of the act OF
1859. which refers TO it as Il subSistent
process.
The habcas corpus cannot bc abrogatc;l
by any governmental power because it
IS not Il political faculty, but personal
right, and is so distinctly regarded in the
Constitution.
IF Judge denies the writ, when a case
Is properly presented, ne may be impeaclr-
ed if an officer fails to serve it. he may
be punished for neglect Of duty; and if
the party TO whom it is directed, refuses
obedience, he may be treated as for con
tempt.
But it may be suspended for short
time and III particular circumstance
(See Const.. art. lst, sec. .
BY what authority, is the question,
The constitution declares that. .'Thc
privilege of the writ of ha5e.ts coJy,f< shall
not be suspended. unless when in the cases
OF rebellion or invasion, the public safety
may require it.
This provision l. contained IN the first
article. which defines the = legislative pow
cr' There is no allu>ion To it in any
other part of the instrument. Ii i one
OF those clauses which in the margin of
of tie printed volumes OF the laws. are dc
>igmatc,l a. Limitation ot the powers OF
Congress- = and would seem 70 relate eX-
ciusivelv TO the legislative department
Such think. until lately, has been the
universal opinion The courts have -
decided. and i,rri~,s and Statesman hayc
ConcurrCd-
Tn, Prgaidrn; has suspended -. tur
llahna~ rorpu- io- an IwIriim.c P.Iio-L