The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1862-05-03

/ --1np ,oaei4 o. our government 0eing the
opinion Of the people, the very first object
should be TO keep that right; and Wers II
LEFT to me 10 decide whether we should
bsv0tx gOVerNwseat Soitk0Bt Rs,espGpeTs, Of
NssOspapeFs OithOWt a g0cernmeRt, Iak0Wld
not kSsitGte a moment to prefer tie latter.
As to myself, conscious that there Was
not truth on the earth which feared
should be known, I have lent myself will.
ingly Is the subject Of great experiment,
which was 70 prove an administration,
conducting itself with integrity and com.
mOa understanding, cannot be battered
down, even by the falsehoods Of licen.
tiOus press, consequently still less by the
press as restrained within the legal and
wholesome limits of truth.
This experiment was wanting for the
world to demonstrate the falsehoOd of the
pretext that FREEDOM OF THE PRESS
is INCOMPATIBLE with orderly gov
srnment
=" The diffusion Of information,
and arrAignMent of all abuses 1t the bar
Of pu lie reason: freedom Of religion /:
freedom Of tho Press, and freedom Of per-
con. under the protection of the Ha6eGs
COTpWs; and THAI By JUDY impartially Sc
lected. = Extracts from Letters and Me-
cages Of 1zOnIGs JcDcrsOn.
Important as deem it to discuss, on
ali proper occasions, the policy OF the
measures at present pursued, it is still
more important to maintain the right Of
lfF y a ,,,-,,, '..---I'> -
Sentiments lately sprung up, and now
growing fashionable, make it necessary to
be explicit on this point
The more ] perceive a disposition to
check the freedom Of inquiry, by extrava-
CANT and unconstitutional pr, lenses, the
tirner shall be the tone in which shall
assert, and the freer the manner in Which
! shall exercise it.
1t is the ancient and undoubted prerog-
ative Of this people to canvass public inca
sures and the merits Of public men. tits
"hOme bred right" fireside privilege.
1t hath ever been enjoyed in every house,
cottage and cabin in the nation. II is not
TO be drawn into controversy. II is as
undoubted as the right Of breathing the
air, or walking on the earth. Belonging
to the private life as right, it belongs to
public life as q 6dty; aad il IL the tsS<
duty, which those, whose representatives
| atm, shall find me to abandOn. Aiming
at all times to be courteous and temperate
in its use, except when the right itself is
questioned, shall place myself on the ex-
treme boundary of my right, and bid de-
fiance to any arm that would move me
from my ground.
This high constitutional privilege, !
shall! defend and exercise, within this
house, and in all places; in time of peace,
and at all time. Living shall assert it !;
and should leave no other inheritance to
my children, by the blessing Of God will
leave them the inheritance Of free princi-
pies, and the example Of a manly, indie
pendent and constitutional defence Of
them. Daniel Webster.
Under no possible emergency, not even
instruction or mid the thrOes of civil war,
can this Government justify official inter
| ference with the freedom of speech or OF
the press, any more than it can with the
! freedom Of the ballot. The RIGHTEOUSNESS
Of the tongue and Of the pen is a minor
evil compared with the RIGHTEOUSNESS of
arbitrary pOwer.-E p Blair.
HABEAs CORPUS.
Next 10 personal security, says Mr.. JUS
tice Blackstone, the law of England re-
CARDS, asserts and preserves the personal
liberty Of individuals. This personal lib
erty consists in the power Of locumotion,
of changing situation or moving ones per-
son to whatsoever place ones own incli-
nation may direct, without imprisonment
or restraint, unless by due course of law.
By the Petition Of Right, 8 Car. LIST, it
is enacted that no person shall be impris-
oned or detained without cause shown, to
which he make answer according to law.
BY Car. LIST, CHI. 10, if any person be re-
strained Of his liberty by OrJer or decree
Of any illegal cnnrt, or by the eea.::..:sG!
Of the Kings Majesty in person, or by
warrant Of the council board, or Of any OF
the privy council, he shall upon demand
of his counsel, have writ Of hdbeds cor.
Pus to bring his body before the Court oil
Kings Bench or Common pleas, who shall
determine whether the cause OF his CON.
mitment be just, and hereupon to do a.
to justice shall appertain.
TO bereave man of life or BY violence
to cOntiscate his estate without accusation
or trial, would be so gross and notorious
an act Of despotism AS must at once con
vey the alarm Of tyranny throughout the
whole kingdom, but confinement of the
person by secretly hurryIng him to jail
where his suferings are unknown or for.
gotten, is less public, a less striking and
therefore more dangerous engine Of ar.
bitrary government
And yet sometimes, when the State is
in real danger, even this may be neces
sary measure. But the happiness of our
Constitution is that it is not left to the Elk
ecu;ive power to determine when the dan
ger Of the State is so great as to render
this measure expedient: for it is the Par
Lament only, or Legislative power, tina
whenever it sees proper can authorize thu
crown, by suspending the habeas corpu.
act, for short and limited time, to i'm
prison suspected persons without giving
any reason for SO doing Comment drie,
on the LG'cs Of England, Tolume !, p
l35-l36.
So our own Chief Justice Marshall, ir
the case Of Bollman. 4 Cranch, page 100
says:
If at any time the public safety should
require the suspension of the power vest
ed in this act, (the power to grant writs o.
habeas corpus) in the Courts Of the Uni
ted States, it is for the Legislature to say
so. That question depends on political
considerations on which the Legislature is
to decide. Until the Legislative will be
expressed, this Court can only see its du.
ty, and must obey the laws. This was in
q case of Treason.
So Judge Story, in his Commentaries
on the Constitution, sec. 1886, says:
1t would seem, as the power is granted
to Congress to suspend the writ Of habeas
corpus in case Of rebellion or invasion,
that the right to judge whether the ext.
gency had arisen must exclusively belong
to that body. --.... --.
So in 1907, when great alarm existed as
to Burr's conspiracy, bill was brought
before the Senate in secret session to sus.