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

then the power to suspend resides ex-
iclusiFely in that body. If it applies
exclusively to the Executive, then the
power to suspend resides exclusively in
him, and Congress cannot, in any case,
pass any Flaw on the subject. Fit ap-
plies generally to all the departments,
then, by parity of reasoning, all the
departments have the power to suspend
thatpriyilege. The judge may refuse
the writ on his ownemotion, before as
we'll as after the ordeso of the President,
or the passage Of a1aw by Congress;
indeed, after the President had refused
to order the suspension, Or Congress
has refused to passa law authorizing it;
and thus our liberties are subject to
the different, it may be discordant,
rules adopted by each department Of
the Government, on its idea of what
the public,safety may require in cases
of rebellion or invasion. The context
of the Constitution affords simple,
uniform, m,benefcent rule; departure from
it involves us in confusion, contradic-
ton, and uncertainty. sa '0 81
2. But if the context of the Consti-
tuition left any doubt on the subject,
the history of the writ of habeas cor
pus, and it's acknowledged condition at
the time of the adoption of the Con-
stitution, throw a aood of light on it.
| From the earliest period Of the COM
mon law, the personal liberty of the
subject was declared secure from arbi-
trary and illegal infraction. The bar
ons, in their contest with King John,
while they asserted the rights Of their
order, failed not to enlist the sympa-
thies of the commons, by formal de-
claration of their ancient and acknowl-
edged privileges. Magma Charta de-
clares. .-,
'No freeman shall be taken, imprisoned,
or dlspessessed of his free tenement and lib
critics, or outlawed or banished, or anywise
hurt or injured, unless by the legal judgment
of his peers, or by the law of the land"
This was the law. 1t was made eff
fcctive by the writ of habeas corpus,
whose Office was to bring before the
civil magistrate the person of every
prisoner, that the cause, the circum-
stances, and the authority of his i'm
prisonment might be inquired into, and
that hemight be remanded, discharged,
or admitted to bail, rs 'the law Of the
Filand" required, For nearly three cen>
turies the history Of England is but the
history of weak or wicked kings, Of
civil wars and internal discord, in the
! thread Of which We find the theory of
this Great Charter of the people S
rights forever maintained, and its prac-
teal application continually denied
The comparative repose Of the nation
during the next century left men free
to observe these violations of their rights
They saw with indignation the tyranny oi
Elizabeth; they chaied under the woke of her
arbitrary successor; and in the third year OF
the fist Charles they compelled him. as the
price Of his throne, to assent TO the Petition
Of Right
"Whereby Re bound himself never again to
imprisou and person except in due course of
law, and never again to l;ect his people to
the jurisdiction OF courts martial "--3 Moc
aumy's Hitoyy Of England, vol. l. p, 70.
"Forced loans, benevolences, taxes with
out consent Of Parliament arbitrary imp21s
onnlents the billetng OF soldiers martial ldtc;
these were the grievances complained OF and
against these an eternal remedy was to be
provided. The Commons pretended not, as
they affirmed, to any unusual powers or
privileges; they aimed only at securing those
which had been transmitted to them from
their ancestors; and their law they resolved
to call Petition of Right, as implying that
it contained confederation or explanation Of
the ancient constitution, not any infringement
of royal prerugative, or acquisition OF new
liberties" 3 Hune's History Of England,
cap. 81. -f, ... -.r.. .....
Charles would not maintain his ai b; wo'd
not observe this "explanation OF the ancient
constitution Il and alter ten years OF struggle
and OF war, lost both lis crown and his Lille
as the penalty Of the infraction. His son,
taught something by.his twelve years OF ex.
lie, attacked by mole secret and sub le pro
ces this ancient constitutional right, TIL
every scheme and device by which he sought
to compass the tight Of arbitrary imprson
ment were swept away by the great habeas
corpus act OF 81 Charles II. :, rss ss5 4,
"James II sought to obtain repeal OF The
habeas corpus act, which he hat.d, as it was
natural a tyrant should hate the most strin'
gent curb that ever legislation imposed on
tyranpy,"-2 Macaalays History Of England,
lp. 8. Hs lsi-r t.r
! And falling in this. he claimed the power
to dispense with the operation OF allthe laws,
James lost his throne;and one otthe articles
/ in the Declaration OF Rights, whereby the
succession was assured to Wi liam and Mary,
solemnlY affirmed that--a.S- ~ q 3 -sy
sTbe dispensing power lately assumed
and exercised had no legal existence. -
! Macaulay's History ef England p 606. 9 !
From that day to this from that "Declar-
i ator,,'' iust one hundred yeais before The for
4 nation Of our own Constitution, in sll her
lintestine troubles, under the pressure ol
4 whatsoever exigency, no English monarch
4 weak iwayward, and wicked as some of them
1lbaye been-has ventured to suspend the hd
Jeos corpus act, or to assert the power to. hold
ID prison 4 cit,zen at his own discretion, and
by military power.
In his History Of the English Constitution,
Hallam saysi Vi 6 osj ;1saY wsK
s';It cannot be too frequently repeated athat
no powerol arbitrary detenson has ever been
! known 10 ourconstituton since the charter
obtained at Runnynede. eThe writ OF ha6eds
4 eer1sas has al ways beera mattersofTight."---
i IGhapa5.Es hssaat2a ~ I IL 9di saa5ay
"From the earliest records Of the English
Flaw, rio freeman could be detained N, prison
I except upon acrimnal charge, or conviction
lor ior civel debt, In the ioriner case, j,
was always Il, his power 70 demand OF ths
y court Of Kings bench q writ of hdbeos cosb,l
: aad sutjiae,idun, directed TO the person de-
, Ftainipg him in custody BY which he was en-
J iEioined to bring Up, the body OF the prsone1
,dwftfl the warrant OF commitment. that thi
.,., NM ;rdon of its s,ifficiency and re-