Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1862-12-31

law OF redress, which can only be done
by the maker. None but the power
that creates can annul \ law NAV be
violated or disrcgarded, butt Is the . rule
Of action " until it Is repealed or chang
ed
We know of no delegated authority that
originated the habeas corpus. Il has ex-
listed from time, whereof . the Inemor-
OF man runneth not TO the contrary
1t was an act of the sovereign peoples
will and Is above all written charters now
existing No Parliament, Congress or
other representative body NAV defeat.
delay or modify lis operation. without the
. consent of their constituents. Nor will
any chief magistrate b. allowed 10 set it
aside AT his pleasure
The people IN the exercise OF ihcir rad
! ical empire, may consent to It's ..su<pcn-
sion for brief fporiod, in certain circum-
stances. But. did they give authority 10
Judge Of the occasion, TO their immedi-
ate representatives. whom thcv appointed
TO enact their laws? Or did they trust
such dangerous prcrogative 10 the man
who was to command :hcir armies and
direct their military force? let cverv
prudent patriotic citizen answer these
questions 10 himself.
The habc;.s corpus remedy for impris-
onment or personal detention Is q law Of
the highest order. d the whole proceed
ing i exclusively within the regular cog
nizauce OF the Judiciary department The
President can nave nothing to do with ii.
unless to see that 1t .ba faithfully cN-cs5-
cuted" if in any possible circumstances
his action should he required
y reference 20 the cariv history of our
country Will show. that our turciathsr~
had ;ihund.,n; rea-oI.- for providing cscry
possible security aeaiS, cN.cut.yr tyranny.
During the LaSp1tic nli@n q: james -.
his governors and star chamber Judges
exercised the most arbitrary and ur.limi.-
od control over the persons and privileges
OF The co.oni-is. ! viii give q sin.ie ia
stance by way of Illustration The cig;-
zcns of the Town Of Ipswich, SIaSsac'u-
sets, feeling greatly oppressed bv the tax
imposed bv the mere viii Of the governor.
held q meeting. In which they claimed The
liberty OF =. free born English SUBJECTS.
&C." For this hold declaration, many oi
them were arrested bv command OF The
Governor. and among them WAS one John
Wis. the minister of the piucc He
plead before the council that he had rights.
but was told bv one of the Judges ihat
. hc had 10 NOR. privilege LEFT him than
not to be soil fer = slave" y haheas
corpus was refused. He wis suspcndel
form his ministerial functions, imprisoned
and fined. Many others suffered in the
same way. This was the kind of di-..i-
pline exercised BY executive power Ill tine
colonies. In tie mother country, the
reign of William and Nary brought free
dom but on In" American Plantations.
TYRANNY was continued un.il iiir revolution
When the associates OF Wise were on
trial before the e. STIR Il ;.nl,er-' ,r.bu-
nal. they defended themselves under
Mama Char;a AMI the statutes, which
secured To every British Suhi,ce his per
sonaI rights. They were told. hovevcr.
bv the Judges. that ..ihev must no,
think the laws of ENGLAND followed ,hcm
TO the ends ot-the earth. or wherever thcv
went and they werr. In q most arbitrary
manner, condemned
These lessons OF experience were sulii-
cien3 20 admoaish the tramcr~ Uf our
Constitution not in givc the e. Colnman-
dcr-in Chief Of our army authority. also.
10 suspend the habcas corpus N his VIII.
This would make HIM Il dictator and
our government would be a military ,l,s-
po;ism-
1t was no: % intended. The "pcoI,lr-'
o. the several States. who had the ulil-.
mate sovereignty. in orl,.r To ..prvnoi,
the general welfare, and secure. ihe b!cSS-
incs of liberty" agreed 70 form J-nion.
or quasi nation, with certain @Tsnsci and
limited powers. These we're divided into
three functional departments, each inlle-
pendant, but all cooperating 10 advance
the common objects. The making oi the
laws was the faculty ol Congress imrue-
diatcly representing the people 10 the
Prcsidcn; was ci.cn the execution Of them
only, and 20 "onc suprrme court, and 20
such inferior courts a. the congress NAV
from time to time on,lain AMI establish"
WAS entrusted the whole judicial power
The judges are appointed 10 in;er,-,; AM
deci'le the law in ali ca~,> 'ha; arrive
within their constitutional range. Noilh-
cr Of the Other dcpariu, n can control oT
interfere with their aliudirsl,ion--
Tn President las ben dcicr,l-l iar
his high handed acis o. ss~urTsaiivn and
tyranny, upon the alleged ground That ,hc
So suspension ~ oithr bala-st= corpus = :ru
,-xs..siiivc measure. and within the ran-o
of Li~ du;ic- .t- ~nmsns7! r-in-r:...-.---