The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-01-01
NUMBER 80

That, however, does not relieve the party
from the obligation to stand his trial. That
is all there is of the habeas corpus, the whole
extent of its power for anything which now
occurs to my mind and believe have been
pretty familiar with it for great while,
The other question which the gentleman
puts is, can the President impr;son mani
In regard to that, l will say that when
habeas corpus is brought before a court on
the return of the precept with;the body, and
the fact being shown that the habeas corpus
is suspended, which is fact the judge may
not judicially know, If the judge finds that
in this case it has been enthusiastically suS-
pended, that is the end of the inquiry; he
does not inquire whether the President or
the Justice of the or the magistrate has done
the thing right or wrong. 1t the otense
with which the party is charged Is OF ma
ture, if the precept charges an ofense ofsuch
a nature that the habeas corpus is suspended
for, there is an end to the inquiry; the sus-
pension is of itself operative, and the judge
has nothing more to say about it. That Is
the state of the case, as understand.
Now, in relation to the suspension of the
habeas corpus, the very fact that by the Con-
stitutiou it may be suspend GO
ing now into the inquiry by whom thatmay
be done, leaving that question just as the
gentleman leaves it, not saying whether 1t
must be done by an act of Legislation or BY
the Executive-if the hobeas corpus Is sus-
pended pursuant to the Constitution, THAI
| implies that men may be imprisoned unlSw"
fully. 1t would not need suspension OF the
habeas corpus to imprison. man lawfully.
If men could be imprisoned lawfully Tor
these political offenses, they would remain
in prison even if the habeas corpus was not
suspended; but the habeas corpus is suspend
ed to enable men to be imprisoned who
could not otherwise be imprisoned. That
is the only purpose of it. Now, do not
understand that the habsas corpus being s1s-
pended, supends it in relation to everything
and everybody, in relation to matters OF
naeana and tIuns questions between man ana
man. 1t is only suspended in regard to
political subjects relating to that var or res
bellion about which the Constitution SPEAKS
the President may suspend it by proclama-
ton that he suspends it in relation Is this
sort of offeuses, not that men may be inpri-
soned for other matters by other people ana
on various other subjects which have nothing
in the world to do with this subject OF s1s-
pension about which the Constitution talks.
The Constitution has authorized it to be
suspended of and concerning war and re-
bellion, aud not anything elss, and when 1t
, is suspended either by Congress, II they
ought to do it. or by the President acting
under their direction, or of himself if he has
the power, the limitations and extent to
which that suspension goes must be stated.
I merely say again, that the exercise or
the power Of the courts in the use and Sus-
tanning of habeds corpus before them is con"
fined simply TO the question OF the PrSeess
bv which a man is holden; the legality or
that process; and if the habeas borpus Is sus-
pended in relation to that subject-matter,
, then the court has no control or Jurisdiction
, over it. - eco Hai
Mr.. POWELL. I think the Senator from
, Vermont has net answered my question:
He has gone on to define the objects Of the
+ writ OF habeas corpus; he has done 1t Vefy
lucdly; but my question was whether, 1t the
: writ of habeas corpus were lawfully suspend
| ed the President was authorized to make
: arrests. differ from the Senator, il he will
q allow me- about the definition he has given
! of the object of the writ of habeas coTpus.-
He saws the only object Is to inquire
G whether the process under which the prison.
er is held is legal or not. l am very we'll
a aware that, under the common law, the writ
y of ha5eds corpus was more -circumScrib bed than
# it is in many of our States 1t hes been
very much enlarged by statute. But know
O that you have right to hGbedS corpus to
It bring persons before court to be released
+ from unlawful confinement when they are
n confined by no process whatever; and eonse-
,s ouently the Senator is too limited in his ex-
n planation There is large class Of persons
q infants, for instance, who are held by others;
>. there are persons hold by certain societies ol
!, reople-the Shakers, for example-and
- writs of ha6eas corpus are allowed for such
is persons, though they are not held by virtue
of any process. The writ Can bs issued tc
"a bring a party before the court whenever he
- is restrained of his liberty, and the court il
., rot limited to an inquiry as to the legality
70 of the process, but inquiries as to the Tigh
of the nartv to hold him, -... -.t. g.
.se Mr.. CoLLAMER. The idea that MAJ
IF NAV be holden without process is not con
- tsmplated by the law. The command G
-, the writ is to bring the body of A and tn
); = cause of bis confinement. That is the cur
!, causa, the great writ. 1t is not the hdbed
ar corpus ad satisfaciendum that We are taikin
=. about. but the dabeas corpus cum causG, an
the command of the writ to bring tho BODY
an with the cause of confinement. :!
IN Mr.. POWELL He may be brought wit
- the cause without bringing the process.
had the Senator's infantson In nay euSsooS
he would he not have right to tne WITS
haJeas corpus to inquire into the cause OF 70
- detention, and should not then % as lloel
S"' ty to say that the son was spprentleeo 90 n
- or to give any other sood reason lof notaln
he him? A 5@-' %
ch Mr.. POWELL. That shows clearly th
ne' the ouestion is not always whether the or
me me cess cess is legal or not, because persons may
lou held without process. s
1so aso Mr.. CoLLAMER, By the word "proces
b Tue 1 m ear not N erely technical process, but 4
iS instrument, the authority by which pc
.ra son is holden, let it bs what it may; and th
gal authority is the thing to be looked lnto' a
to that only.
~ lIo Mr.. PowELr.l Still, my excellent the
br does not answer my. uest;oR;L should II
,;,h any Senator to get DIP here and show me