Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-10-29

stitation failed 70 see.-thas shiah ths
lwsmiaeas perception vi AfaFshalay kssa,
SspEs apd Cursis, Ssa pat diaeoYsxs Aaa
Hss mA@ys8 for Isaa keeE@ caA "a ioi
EhSdTn, fBates, Binhey and 5bhnson. -
what Afr. Bfnrey means when be says,
"that the language of the hatsas corpus
clause 10 new and peculiar we are at q
loss to know. He must have been strange
IL abivioRs to Eaglish precedsnts, whsrG
the use of ehis clause may be found, a.
mast ia tas vsss Tpsas sused By Mr.,
Pinkaey hinaeif, whe doubtless borrowed
them from thence. He is no less unfor-
tunasa mhan be attempts to show that the
a4alogiesof Englisk history must be sx-
\ seladAa, and have ae bearing upon tke
poaat in issue. ANY school boy, With baG
. anaattering Of Engiish history, could
have told him better. All his remarks
ble ability and iagfnaity viii fail In con-
yinelDg the American people thai tAair
-fnahsEs had 20 reference to, and no
thoaghs Of, those evensful centuries Of
ssRaee, heswssn the King and the people,
amid whose fierce throes this great prayi-
fegs vas born. Why, there never was a
sinas in 2English cons kitutional history,
when the power of suspsnding this writ
did not exist somewhere. No historieal
aiscussios can be had on this point
The controversy always was, where does
il rssidss in the Parlixmeas or 10 she
Crowna As legal writer has well said,
''tns formal eoaLest for the passsssinH of
shis discretion TO imprison and detain
without trial, marked tAa change in the
English gaSernms8t, from noBsrchy to
aristoeraGy, and thence to Democracy, SIS
this power over the lax lara haa resided
an ons or the other Of these departments
of government from ths conquest 10 this
time" The personsl liberty of the sub
iscs was a natural, inherent right, which
could not be surrendered or forfeited uH
lssa by the commission Of soHme great
and startling crime. This was doe
trine coevsl with the first rudiments Of
the English Constitution, and handed
down frum Anglo Saxon ancestry, not
wlthssanding their Danish struggles; as
serted afterwards and confirmed By the
caDaaaror himself; sad though some
times m0oh impaired by the ferocity of
the times, and the occasional despotism
of Jealousy exaeaIag and a@Rpiax pRin-
ces, yet established On the frmest basis
by the provisions Of Magma CbaFta, and u
long succession OF statutes, on through
the struggle over .the Petition of Right,
until 1t eliminated in the great hdbeas
corpus act of the Second Charles, Justly
styled the second Magma Charta.
Mn. HORACE BIssxY's poxrnas ExAxusKD,
DIR. Binnsy, in his arguments, lays
dawn vsry eupAssiaally the pO&ition, that
III discussing the question, as to where
existed the right to suspend the privilege
of The wria Of hobeas corpus, the point
OF English analogy mufs be entirely ex-
claded, and goes on with his argument,
rs thuagh he had satisfactorily shown
thai the right TO suspend the privilege Of
this wTis was q new question, originating
Oh thia side Of the Atlantic.
II Woald Fequire something more than
even Mr.. Binney's name and fame to es-
:abiish, by bis simple diOtum, such Il
forced and false position as this. The
history of England for centuries is
against hin, the sentiments of her wri-
Iers are against him, and the declarations
of the men who assisted in framing our
Constellation are against him. During
she struggle between the Monarch and
the Commons in 1923, in references to a
royal grant of Declaration of Rights,
CHARLES /. took the very ground thai is
lakan ts- day by PresideAt Lincoln, Mfr.
Attorney-GeueralB Bates and Mt. ReFerdy
Johnson, THAI there might be- tinea of
rey4iLion, times of danger to the State,
When the safety OK the commonwealth and
the nscs&sity Of the hour would demand
the unrestricted exercise Of the ROYAL pre-
rogAkiYe, and Tor the time being the lib
erty of the subject must give Nay
This. too, gAA she precise doctrine sus-
tanned by the ohseqaious House of Lords,
who at thai time 50 severed stood by the
king against the freedom loving House
Of Commons.
HISTORY OF THE WRIT.
Let Us glance for a moment at the bis
tory of thosa times-caFrY our minds
back to tho age Of those stern, unyield-
ing men, who IN spite Of the terrors of
the royal fFown, then and there establish
barrier against the. encToachment of
the kings prerogative. Let rs listen to
their very words, to learn il We cannot
discover some traces there of that spirit,
which more than century stters on this
aide uf the Atlantic, manifested itself ia
the bearing and actions of the men OF
ElT81.
+ Said Sergeant Ashley, in the memora-
BILE debate in defense Of the royal pre-
rogatlye:.4
sDivine Truth informs US that kings
, have their power from God, and are rep
resentatiye gods-the Psa!mist calling
them the chFtdfeu Of the Most High
Can, we conceive, then, that 80 exalted 3
| person as the King, hath so far transmit
ted the powsr Of the sword to inferior
magistrates, that he hath not reserved 81
mucn supreme power as to commit ar
otfeuder % prison without warrant or ac'
cusation? | conclude, therefore, for Of
/ fences against the state in times Of re-
| behion, the King or his council hath law
ful powsr - panish hg isupriaoumen
without showing cause. The MARTA
| laws likewise, though nos exercised il
siasss sf peace, sshet resources may b,
4 had 20 the Kings Courts, yet in time .
4 invasion or other times Of hostility
when an army Egyal is in the. field, an,
/ offsnses are cofnrnirted requiring speed
fresolatiou, and cannot expect Ene solszn
mites Of Iagai trial, then sash imprison
msas, execution or other justice done b
the laws martial, Ia warranted By tn
King sa
4 The Language used By Dir. Binney an
} the Attorney General, is but the echo G
: the degrading sexvility and bassness c
, this oeIebgagsd axIyosssa for the divin
! right Of kinss, but even at that day
such cronohiag as the Kings footstoo
i bysthe obssaiouS polite SeEgesns, wa
! rrf44rs skxna sser the Eord President I
4 the Counsel OF LsTas could stand, fl
3 he aald the Commons 'IhAs wiliis as tlI
Z lfres conferences liberty was given by II
: Lords to chs kiagss Counsel TO spea