St. Mary's beacon., 1862-01-02

sacred the right Of personal freedom has
been held within this Jurisdiction for mere
thsn Q quarter Of . century. And. you
viii be assured there is ample redress for
its insasion--that il has been preserved
thus inviolate. Il is the hsrsditsry right
Of American fFeemcn. Il was the right
Of their ancestors, before the American
Independence. a s
Before that day, Brisish sutjeet could
not be arrested. bst unier psucess Of law.
An arsust and detemfion uf his per.ou
was unlawful unlss ssade under 'spro-
cen from the Courts or under. process
from . legal officer, having the power 10
commit under his hand and SEAL"
This process was required to Be found.
ed on oath. disclosing the cause Of arrest
and to express the cause. Indeed, ss
jsalously was the liberty of the subject
guarded, that it was held at . very early
day, BY high authority. such a. Coke
fhs4 YELox could not be arrested upon
the warrant Of Justice, until latter in
dictmcnt actually found" This strietness
was afterwards relaxed. and was COM
batsed when held. But from that day
to the date of the American Iujepen-
dense the arrest Of British subject could
not lawfully BE- made, unless under the
authority of Judicial or Jussicial warrant.
Made otherwise. it was false imprison-
mens. an efense which an eniucat Eng.
lish jurist deneanina,es "a heinous public
crime;" for which the same author says.
..the Law demands public vengeance"
Every arrest without ''Gue process" was
regarded arbitrary. illegal and de.potic.
and such As the iniuistcrs 1t the date Of
American Independence, dare not claim
for the. British crown. The assertion at
this day. Of suah power for the crown.
would shake the British throne to its very
foundations.
Exemption from the exercise Of such
power, is the birthright Of Americans.
They trsce it hack in the musty scrolls of
the mother country for ages long past.
1t is inscribed, in letters Of light. in the
Constitution of Maryland. This right
may yet Be found in the Constitution of
the United States-the Supreme law
before which every person. potentate. and
power in the United States must give
place.
l will read in there, Gentlemen. But
FIRST indulge me whilst read resolution
Of the first Congress. which explains Why
this, with other privileges Of the citizen
were inscribed there. The reading will
Be both instructive and profitable. The
Convention Of q number Of the States,
having at the time of their adopting the
Constitution. expressed desire, in order
10 prevent misc0nstruction or abuse of its
powers, that further dcclaratory and rcs-
trictive clauses should be added. And az
extending the grounds Of public confidence
in the Government will best insure the
beneicent ends Of its institution Resolved
By the Senate and House of Representa-
tives Of the United States in Congress as
sembled. two-thirds of both Houses con.
curing. That the following articles be
proposed to the Legislatures Of the several
States. ~ amendments to the Constitution
Of the United States" &c. By tLis read
ing you will observe that the Constitu-
ton as originally adopted by the Federal
Convention, was without those "restric-
tive and declaratory clauses" The Gov
ernmcnt had been imbued with all the
powers intended to be delegated. Its
trainers had designed that these powers
ali Of them-should be exerted as occa.
sion required, and none others. But they
had not expressed the prohibitions, which
were supposed to be implied. When,
however, it came about that the sovereign
will was to breathe life into its being, you
find q law or limit, was imposed upon its
powers. simultaneously. When the Con-
stitution was referred to the States for
with one accord they requir-
cd the insertion of these articles, ito
prevent misconstruction aud abuse Of the
powers" already expressed.
There were something's they were not
willing to leave to construction, for fear
Of misooastractim. There were powers
which they regarded dangerous to put
10 use. without restriction. from their
liability to abuse. Therefore It was,
hat the 6rst Congress submitted these
clauses to the States, for their
Twelve we're submitted to the
States. Ten Of them were adopted.
They are the Tea Cos,mam4lmenfs. forever
any and all the powers oil
the Government TO infringe the rights Of
The citizcn-to do BY construction any
hing herein forbidden in express terms.
There Is no power to suspend any Of these
commandments, as in regard to the Ha.
bcas Corpus. There Is no conflict of Ju-
risdiction a. now claimed between the
Executive and legislative departments
in regard TO this great right. Here all
the powers Of Government are forbidden.
These are the ten Articles in addition.
to. and amendment of the Constitution of
the United States. proposed BY Con-
gress and ratified By the Legislatures Of
the several States. pursuant to the eth
Artiels Of the original Constitution.
ARTICLE /.
Congress shall make no Law respecting
an establishment Of religion. or prohibit
the free exercise thereof, or abridgeing