Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-01-22

4
due course Of law, and neser again sub
jecs hispeople to fhe jurisdsesiars af courts
marshal, p -hacassaas's HsaioTy Of Esg-
Hand, col. l, p. 70. tsa -
Forced loans, beneYoleuess, EAxas With
loat consent Of Pazliaaseas, arbssrary ius-
pzis0ssmsaas, the hilleting of soldiers,
martial law; these we're tbs xrisyaaess
complained OF, and against shesa an esern-
al remedy was 70 be provided. Tha com
mons pretended not, rs thay aiiraaad. to
any unusual powers OF privileges they
aimed only at securing shoss which had
been transmitted TO them fEsm Ehair an
eestors; and their Law they resolYaa 10
call Q Petition OF Right, rs implyin ing that
| IL coptained confederation on explana-
tioa of the aReient Constitution, not an
infringement Of royal prarogasiya, or ac-
QUESTION of new liberties, Prs HaHssS
History Of Eaglaua, chap, 81. -. /
L.. Charles would Hos maintaia Aia faish ];
would not observe this9 explanasioa OF the
anclent oonstisasiou,n u and alses ken. PEARS
Of Struggle and Of war, lsss bosh bis crown
and has life as the penalty Of its infEaction.
His spn, taught som mething by twelve years
| OF exile, attaeks6hy more secret and SUBJ
tie processes this ancient constitutional
fright, till every scheme and device by
which be sought to compass the right Of
arbitrary imprisonment were swept away
b. the great habsas eorpas aot of 81
Charles IL ---.t ~As.
4 "James IL sought 10 obtain a repeal Of
the habe&s corpus act, which be hated, ~
it was natural q syr&nt shoAd hate the
most stringent curb that ever legislation
imposed On tyFaany ,''r-2 MacGuIay's His
Tory Of EagtaRd, p. 3. ii .. s...
/ Aad failing this, De claimed sha power
TO dispense With the operation of all the
laws. James lost has throne; and one Of
the a4ticles in the Declaration. Of Right,
whereby the succession WAS assured to
William and Mary, solemnly affirmed
that ,. .... -. 3.
! F'Ths dispensing power lately assumed
aRd exercised had no legal existenea.h "a
Masaulay's History Of England, p. 6D6.
From that day to this, from that DEG.
| the formation Of our Constitution, in all
her foreign wars, ia all hes intestine
troubles, under the pressure Of whatsosV-
er exigency, ne English monarch, weak,
waywarti, and wicked as sozne Of them
have been-hAs vsntured to suspend the
habeas corpus act, or to assert the power
10 hold in prison citizen at bis own dis
cretioa, and by military power.
In his history of the English CanstlGu-
ton, HAmlin says:
sis cannot be too frequently repeated, /,
that no power OF arbitrary Jeieatt0ia has
ever been known to our Constitution since
the eharaeser obtained at Runnymede.-
The writ of habeas corpus has always been
= matter Of right."-ehap. 5. :..- ...
'sFrom the earliest records of the Eng
lish law, no freeman eoald be detained 10
prison, except upon criminal charge, or
conviction, or for civil debS. 10 the
former case it was always in his power to
demand the court OF Kings b4neh a writ
of habsas corptla ad slbJiesendtm, direct
cd to tat peTaefa aesaisaag hassa "a stasse-
dy, by which be was enjoined to bring up
the body of the prisoner With the warrant
Of commitment, that the court might Judge
of it's suf6eiency, and remand the party or
J admit him to bail, or discharge him, ac-
: cording to the nature OF the charge. p
chap. &. -
The revolution in 1858, effected rather
change Of rulers than of constitution
} rather enforced obedience to tue well es-
! sablished Law Of realm, than adopted a
, new and more liberal law. Macaulay, in
bis observations upon tho character OF
that eveat, says:
~Without the consent of the represent
atiYes of the nation, no statute could be
enacted, no tax imposed, no regular sol
diery kept up; that no man could be i'm
! prisoned even for day by the arbitrary
> will of the sovereign; and that no tool oil
power could plead the royal command as
q Justification for violating ant legal right
of the humblest subject, were held by both
wings aud tories TO be the fundamental
! avs of the reaIn, A realm Of which
: these were the fundamental lAws"-His'
tors of England, vol. Ii, P. GIL,
De Lolme, speaking of the suspension
.. of the babeas corpus act during the next
succeeding years, when the Prbtender wa'
, asserting his rights to the throne, says:
i 'BaG the executive power did not thus
= of itself, stretch its own authority; tbs
preeauEiou was deliberated upon, and tax
. en- by the representatives of the people
and the desaining Of individuals, in con
q sequence of the suspension Of the act
was limited to certain fixed Gime."
Z say on the Constitution Of England, Bool
' IL, chap. Is, part second, (Rose.l
! In 1893, Chief Justice Pratt, in over
:. ruling a motion for new tFial, made b.
=. tha defendant ia al action Of Erespass TO
n arrssting the plaintiff, On warrant iron
= Lord Halifax, the Secretary of State
II said T.. it,.
1t s'If the jury had been confined by thei
Il oath, to consider the mere personal in)u
Ie nv onlv, perhaps twenty pounds damage
i, would haEe been Thought damages suth
J. cient but the small injury done the plain
d tiff ( q jouruey1nan printer and the ineon
Eiderabieness of his station and razk
a. life, did not appear to the jury in tia
y striking light in which the great poiat c
ts Law touching the liberty of the subject ~
he uearesi to them at the trial. They saw
ID magistrasa over all the king y subjects ez
ercising arbitrary power, violating nagn
30 eharta, and attempting to destroy ihe lii
ct ersy of the kiagdom by insisting upon Il
H. legnlily of this general warrant befal
ir them; they heard she kings counsel an
:. aaw the solicitor of the treasury endeai
OF oripg 10 support and maintain the legal
s, ky of the warrant in tyrannieai and 81
nt we're manner thess ara the ideas whls
aa struck the jury on the trial and thir
they have done raght in giving examplal
a. damages. To enter nan's hoass by Va
mt sua of a nanaaiess wnrTanty In order
or uroegaxe evidence, 10 worse than the spa
Ie- ish iaauisitioB--a Law unaHr which !
aw EngIisiiuaan woald wish 10 i've an hou
IL was a moss daring public attack ma
&C. upon the liberty Of the sabiees~ Hnea
,se vs. Mony, 2 Wilson, .206.
is- Sir William Blackstone, In his cor
he uaensariss on the lava of England, writ
ri. ID the rear ITSS. tweatyr two years bsfe
red the aiousson oil she Gonssisusion Of