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


i 10 him he sas glAa he had awakened
him. becauss . King is tFnsted with
greates saings, sueh As 'Ear, mpney, par
Edoaa, En., aggb, be should be trusted
With the liberty Of the subtees. We eEa-
phaticaify dsny his eonelasioa for the
liberty of the person Ia Ear more than aIl
these--is ~ Enaxfnaatao onsniuns hu,aaao-
TtsB boaoTtsm-the sovereign of all hn-
man blessings. 1t was tsaass not 10
be founa in all Littlsson. "What, !"
said the king, Counsssss s'can yoa ar
Efest ubnS Sfeiiuus pr5s..s or original
Fwritp Tbb suspeased fellow. will run
away" 10 which Coks replied, stthat
word process signifies the whole pro-
oeeding. The Law gives process and ia
dictment, and therefore gives all the
means that any energsney Gan possibly
demand. - .' '"'''@'
Said Mr.. Mason T. =, IT,, ..... -.... -
SCoacerhing that question itself. Il
hsth been golemnly and clearly resolved
By the House, that the commitment Of .
freeman, without expressing the eause Of
commitment, 10 againas the laws. If
yea give the King this Epwer BY reason
of the nscsssitidr ef the State, you will
spring leak which mag sink all our lib
critics, and open q gap through whieh
MgnA Gharta and the rssE of the statutes
may fssue out and vanish. We must
never relinquish this privilege of the
writ of fsabsas corpus. It j. the saliva
zion Of the sub .-.g
In subsequent debate upon the same
matter, Sir Edward Coke said -
"I know that prerogasive Ia part of the
laws, bat sovereign power ia no parlia-
mensary word. Take We heed what we
| yield unto. Magma Charts is such q fel-
low that he viii have no sovereign"
These were the sentiments of the men
who wrested the Petition OF Right from
the 6rst Charles, and compelled him to
say "let right be done as is desired. -
The object of these bold men was the
preservation of personal liberty, in con-
forrnity 70 the express language of Mag
ia Charta-'sthat no freeman shall ba
taken or Imprisoned buk by the lawful
| judgment Of his equals or the laws Of the
land.n
rHK PETITION OF EIGHT. ,.-.fi :
The privilege If the wriE of Aabsas
corpus At thAt time existed as common
law; il VAS tbs remedy for such as wese
| unjustly imprisoned, TO obtain shsiE aib-
critics. Many abuses, hewevar, aaxsug
been introduced in the mode of granting
II, other statutes were passed. EaElg in
the rsign Of the Grst Charles, the eouzsa !,
relying on some pretended prsosdanss
determiaad that they could not, upon th
hGbEGs c9TpaLs, either bail or deiiF eFa II
prisoner. though committed without any
cause assigned, il eass hs Was committed
| hy the special command Of the King, or
| by the Lords of the Pr1vy Council
This drew on the parliam entary inquiry,
which resulted in the Petitinn Of Right.
TO which have just alluded. The stat
| ute passed in conformity vita tho said
| petition, enacts "that no freeman SHALL
hereafter be so imprisoned or detained"
But IN tbs following yea-, Selden and
| others, were committed by order of the
Lords in Council, pursuant, to Ais Ma
jesty's command, under general charge
OF notabla contempts, and string up Sc
ditlon against the King, But the habeaa
corpus net of the next reign. origina-
| ting IN thc oppression Of IN obscure in
| diyiduaI, vas considered a. another Mag
na Charta by Engashman; su that ID
may be noticed thai fagrant abuse of
| power by the Crown or ais minister was
| Always productive Of popular struggle,
| struggle that makaa manifest either
| that the exercise Of that poBar was con
traTy to Las, or If lagalt res trains il for
| the future. In speaking Of this great
habedS corpus act passed sn sae reign Of
| the Second Charles, Sir William Black
stone writing several years before our
| Constitution was formed, and whose in
valuable work had been studied thor
| ougbly by the men who framed that Con-
stituti0n SAYS :-"Thir wgit is of great
importance to the public, for if once it
we're left - the power of any, even the
! highest magistrate, TO impriaon+ arhikra-
rily, whenever be or his officers Ehought
proper then thsrs would soon be an end
of all other rights and immunisies.-
Some nave thought that ubjast attacks
even upon life or property, at ths &rbi-
| trary will OF the magistrate, are less
dangerous to the commonwealth than
such al are made upon the liberty of the
subject. To bereaVe q man of life. or
by violence to eon6scate his estate With
out accusation or trial would be 90 gross
and notorious an act Of dsspOeisn as
would as once convey the alarm afatYTa-
ny throughout the whole kingdoRa bat
confinement Of the person By scarcity
hurrying him to goal, where his suffer
tings ara unknown and forgotten, is q
less public, a Less striking, and therefore,
= more dangerous engine of arbitrary
government, and yel WIDEN The State l. IN
danger, even this is sometimes a neces-
ssEy measure; but ths happiness of our
Constitution il, that it is Rp& lefE 10 the
executive power to determine when the
danger Of the Stale ia 80 great ~ 10 ren-
der this measure expedisnt, for it Is the
Psrliameus only OF lsgisstiVe power bhat
whenever IL sees proper can authorize the
Grown By suspendihg tbs habsa$ eorpa'
act for a season, for @ short and LimiteC
time, TO imprisou suspected persons Wish,
. out giving any reasons therefor" ..
And yet with this array of historical
! facts staring them in the face, With u
} thsse English analogies encouraging thsa
to initiate, If not impEogg, upon she no
bla lessons they should hare taught them
Mr.. Bnney, and the othsr apologists f0
I executive usurpations, eadeayor to con
vince their readera and hearers that III
analogiss of EaglGz history had nothing
7 in the world 10 do vita originating thi
3 habsds corpus clause In our Oonatitu
tion. ~:zEss-. III starE a. ssfI
! THE FoUgBRRs OF THE CONSTITUTIONS o.
II ..f THR R&mK&s teeRPvs. sa'es
l Ii thia was 50, how ID II that we I'm
the delegates 20 the constitutional con
, vsntion, and the aathurs Of the FEEDER
!, aiiss saaAing frequent Alusions to the sx
Z ainplss set them by the mother country
!. ia regexeaes to the guards thrown aroun
: this liberty Of The subject to protset
: from Invasion by the crown Y Ho'
= = somssi Ii thas we find Governor Rsndolpl
= in his dsbats with Patrick HenrvlI In II